
Ci^l 



CONTESTED ELECTION CASE 



OF 



EAYMOND J. JODOIN 



V. 



EDWIN W. HIGGINS 



FEOM THE 



THIRD CONGRESSIONAL DISTRICT 
OF CONNECTICUT 



I 




WASHINGTON 
1911 



CONTESTED ELECTION CASE 



OF 



EAYMOND J. JODOIN 



V. 



EDWIN W. HIGGINS 



FROM THE 



THIRD CONGRESSIONAL DISTRICT 
OF CONNECTICUT 



^ 






WASHINGTON 
1911 



-.^ 



^^ 






I. 



% 




CONTENTS. 



Notice of contest 1-4 

Answer to notice of contest 4-6 

Testimony for contestant and contestee 1-58 

Stipulations 6, 7, 26 

Exhibit No. 1. — Copy of tiie ballots used for the election of the State oflB- 
cers of the State of Connecticut, Representative in Congress for the 
third congressional district, for judges of probate for the probate dis- 
tricts at the election-held November 8, 1910 8 

Exhibit No. 2. — Opinion by the attorney general of the State of Con- 
necticut, on the ballot law of the State for the guidance of the election 
ofiicials 9-11 

Exhibit No. 3. — Copy of papers and records in the matter of the applica- 
tion of William J. Kennedy, to the judges of the supreme court of 
errors, of the State of Connecticut, for a recount of the ballots cast at 
the congressional election in said State at the election held November 
8, 1910 11-26 



CONTESTED ELEOTIO:N CASE 

OP 

RAYMOND J. JODOIN v. EDWIN W. HIGGINS 

FROM THE 

THIRD CONGRESSIONAL DISTRICT OF CONNECTICUT. 



TESTIMONY FOR CONTESTANT AND GONTESTEE. 

To Hon. Edwin W. Higgins, declared member-elect to the Sixty-second Congress 
of the United States for the Third Congressional District of the State of 
Connecticut: 

You will please take notice that tlie undersigned intends to and does hereby 
contest your election as a Representative in Congress of the Sixty-second Con- 
gress of the United States, and the undersigned specifies the following as 
grounds upon which said contest is made : 

First. That the undersigned contestant, a citizen of the United States and a 
duly qualified elector of the State of Connecticut, and regularly nominated as 
candidate of the Democratic Party for Representative in Congress for the third 
congressional district of the State of Connecticut at the congressional election 
held in said district in pursuance of law, on the 8th day of November, 1910. 
received a plurality of all the lawful votes cast at said election for Representa- 
tive in Congress in the said district, by the legal, and duly qualified electors of 
said district voting at said election, although by reason of the lack of skill, 
understanding of the law, and an erroneous interpretation and construction 
thereof, as more particularly set forth in paragraphs " fourth," " sixth," " sev- 
( (nth," and " eighth," following, it appears otherwise on the face of the returns. 

Second. That you, the contestee herein, did not receive a plurality of all the 
lawful votes of the legal and duly qualified electors of said third congressional 
district legally cast at said election for a Representative in the Sixty-second 
Congress, although on the face of the returns it is so made to appear owing to 
the erroneous rulings and decisions of the several moderators of the several 
electors' meetings in said district, and their failure to understand, interpret, and 
construe the law under which said election was held, as more particularly set 
forth in said paragraphs " fourth," " sixth," " seventh," and " eighth," fol- 
lowing. 

Third. That the undersigned contestant at said election received more law- 
ful votes for Representative in the Sixty-second Congress cast by the lawful, 
legal, and duly qualified electors of said district than did you, the said con- 
testee, although, on the face of the returns the contrary is made to appear 
through the lack of skill and the failure of the moderators of said electors' 
meetings to understand and construe the law as stated in the preceding para- 
graph. 

Fourth. At the said congressional election held in said third congressional 
district, as aforesaid, on the 8th day of November, 1910, all of the electors of 
said third congressional district were required by the laws of the State of 
Connecticut, to wit; chapter 250 of the public acts of said State passed at the 
January session, 1909, of the general assembly of said State, to cast their votes 
for Representative in Congress upon a form of ballot containing the names of 
all the candidates of all the political parties for Representative in Congress^ 
and also the names of all the candidates of all political parties for all other 
State and local offices to be elected on said day and printed and furnished said 
electors by the secretary of said State of Connecticut, and said form of ballot 
had never before been used by the electors of said congressional district in a 
congressional election in said State and district; but always theretofore the 



2 JODOIN VS. HIGGINS. 

electors of said third congressional district, by tlie laws of said State liad been 
required in the election of Representatives in Congress in said district to use 
separate party ballots printed by the several political parties on blank paper 
furnished by said secretary of state, on which were and were required to be 
printed only the names of the candidates of a single political party, and on 
which the names of the candidates of other political parties were prohibited 
to be printed. And on said new ballot there was printed in addition to the 
names of the several candidates of all political parties to be voted for, as afore- 
said, certain instructions to voters required by said chapter 250 of said public 
acts of 1909, which said instructions were faulty; not in harmony with said 
act of 1909; misleading and confusing both to the voters and to the modera- 
tors or presiding officers of election in the several towns and voting districts 
in said third congressional district, and not such as fairly and reasonably to 
guide the electors in voting. And the said moderators or presiding officers of 
the several towns within said third congressional district of Connecticut, and 
the moderators or presiding officers in the several voting districts of the said 
towns having more than one voting district therein, were unskilled and did not 
understand said new and untried ballot, nor the instructions thereon printed, 
nor the meaning of said law of 1909, nor the proper interpretation and construc- 
tion thereof; and they, the snid moderators and the electors of said third con- 
gressional district, were misled by said faulty and misleading instructions 
printed on said ballot, as aforesaid, and said several moderators or presiding 
officers did erroneously rule and decide that more than 750 ballots regularly 
deposited in the ballot boxes used at said congressional election in the said 
third congressional district, and clearly expressing the intention and will of 
the electors casting the same to vote for and select the undersigned contestant 
as their Representative in Congress, for said third congressional district, to be 
illegal and void ballots, and that said ballots should not be counted as ballots 
or votes in favor of the undersigned contestant ; and because of said erroneous 
rulings and decisions of said several moderators said several legal ballots were 
not counted for any person and were cast out and rejected and the same were 
not credited to the undersigned contestant in the tabulation or count of the 
A'otes for or in his favor, and were not returned as votes for the contestant or 
for any other person or candidate to the secretary of state with the other votes 
east and counted at said election, and the canvassing board did not count tlie 
same as votes, or include them in their count or consider the same as ballots 
or votes in making their declaration set forth in paragraph " Fifth " following. 
Ilfth. On November 30, 1910, the secretary, treasurer, and comptroller of the 
State of Connecticut, in conformity with section 1688 of the general statutes of 
the State of Connecticut, canvassed and counted the votes for RepresentatiA'e in 
Congress for said third congressional district as returned from said several 
towns in said third congressional district, and notwithstanding more than 
10,.5O0 electors of said third congressional district had lawfully cast their law- 
ful ballots in fnvor of this contestant and with intent to elect him as the Repre- 
sentative of said district in the Sixty-second Congress, declared that the under- 
signed contestant received only 9,933 votes, and that you, the contest ee, received 
10,011 votes, or a plurality of 78. and that the other candidates for said office 
of Representative in Congress for said district received the following and only 
the following votes : Edwin Perkins Clark, 557 : James M. Young, 344 ; Louis 
Wengarth, 96; J. C. Vallette, 2; whereas had all of the ballots legally cast as 
aforesaid but rejected as void by reason of the said erroneous rulings and de- 
cisions of said moderators or presiding officers as set forth in paragraph fourth, 
been counted and returned to the Secretary of State with the votes which were 
so returned, the undersigned contestant would have received on the face of the 
returns more than 10.500 votes for said office, and would have been by the can- 
vassers of said election declared elected to said office instead of you, the 
said contestee. 

Sixth. That at said congi'essional election held in said third congressional 
district on the said 8th day of November, 1910, in addition to the ballots legally 
cast, counted, returned and canvassed there were regularly and legally de- 
posited in the said several ballot boxes in said several towns constituting said 
third congressional district 753 ballots, more than 500 of which were upon the 
erroneous ruling and decision of the said several moderators in said several 
towns, decided to be illegal and void ballots, and all of said ballots, because of 
said erroneous rulings and decisions, were rejected, cast out, and not counted 
for any candidate on said ballots; and more than 500 of said ballots errone- 
ously rejected as being illegal and void by said moderators, as aforesaid, were 
lawfully cast and marked, with the intent of the electors casting the same, to 



JODOIlsr vs. HIGGINS. 3 

t 

vote for the undersigned contestant, and with the purpose and intent of electing 
him as their Representative in the Sixty-second Congress. That had said sev- 
eral ballots been counted as cast the undersigned would have received a plu- 
rality of more than 400 votes and would have been entitled to be and would 
have been declared elected to said office of Representative in Congress, instead 
of you, the said contestee. 

Seventh. That of the said 10,011 ballots counted as votes for you, the said 
contestee, in the said several towns in said third congressional district more 
than 300 ballots were marked contrary to the provisions of said chapter 250 
of said public acts of 1909, and were thereby rendered illegal and void and 
should have been rejected and cast out as void ballots; but all of said 300 and 
more ballots were ruled upon by said moderators in said congressional district 
and by them erroneously decided to be valid ballots, and they were counted as 
legal votes for you, the contestee, and returned to the secretary of state as 
valid votes and so counted by said board of canvassers; whereas had said 300 
and more void ballots so counted for you been rejected as void your vote would 
have been returned to the said secretary of state as less than 9,700 instead of 
10.011, and this contestant would have been by the said board of canvassers 
declared elected to the office of Representative in Congress insteadi of you, 
the contestee. 

Eighth. That at said congressional election held as aforesaid in said third 
congressional district, by reason of the lack of skill of the said moderators of 
the several electors' meetings in said district and their failure to properly 
construe and Interpret the provisions of the said chapter 250 of the said public 
acts of 1909. there were counted and returned as votes in your favor certain 
illegal and void ballots which should have been rejected and not counted 
because marked contrary to the provisions of said chapter 250 of said public 
acts of 1909 ; and there were cast out and rejected as void by said several 
moderators certain legal ballots which should have been counted and re- 
turned as votes for and in favor of the undersigned contestant, the number of 
which ballots follow : 



Towns. 



Bozrah 

Colchester 

East Lyme 

Franklin 

Griswold 

Groton 

Lebanon 

Ledyard 

Lisbon 

Lyme 

Montville 

New London 

Norwich 

North Stonington 

Old Lyme 

Preston 

Salem 

.Stonington 

Voluntown 



Illegal 
ballots 
counted 
for con- 
testee. 



12 

5 

15 

17 

10 

5 

4 

5 

20 

150 

75 

25 

10 

7 

4 

32 

5 



Legal 
ballots 
for con- 
testant 
rejected 
as void. 



Waterford . 

Ashford 

Brooklyn. . 
Canterbury 

Chaplin 

Eastford . . . 
Hampton. . 
Killingly . . , 
Plainfield . . 

Pomfret 

Putnam 

Scotland. . . 

Sterling 

Thompson. 
Windham . . 
Woodstock. 

Total. 



Illegal 
ballots 
counted 
for con- 
testee. 



602 



Legal 
ballots 
for con- 
testant 
rejected 
as void. 



4 
2 
7 
8 
2 
3 
3 

45 

35 
4 

32 
2 
1 
7 

10 
7 



515 



And had said 515 ballots rejected been counted for and in favor of this con- 
testant, and the said illegal ballots counted for and in favor of you, the said 
contestee, been declared void and rejected as of right they should have been, 
the vote of the undersigned contestant on the face of the returns, and in fact, 
would have exceeded 10.500 votes, and your vote would have been less than 
10.000 and this contestant would have been declared elected the Representative 
of said third congressional district in the Sixty-second Congress. 

Ninth. That at said congressional election held in the said third congressional 
district at the electors' meeting in the town of New London more than 100 legal 
ballots were cast and marked wih a cross mark in the circle above the Repub- 
lican column, bearing also a cross marjc at the left of and in the voting space 
opposite the name of this contestant in the Democratic column, all of which 
of right should have been but were not counted and returned as votes for this 
contestant; but whether said failure to count said ballots as votes for this 



4 JODOIN VS. HIGGIlSrS. 

contestant was owing to the erroneous ruling of the moderators of the several 
wards in said town, or through errors on the part of the counters of said elec- 
tion in counting or tabulating said ballots and votes, this contestant has not 
been able to ascertain, nor has he knowledge as to the number of such votes in 
the several wards of said town, and reserves and insists upon the right to make 
his proof of said facts without here alleging the same with more particularity. 

And you, the said contestee, will also please take notice that the said ballots 
cast both for you and for this contestant for Representative in Congress as in 
the preceding paragraphs mentioned, both those counted and those rejected, 
are, have been, and are now kept under seal and so beyond the power of this 
contestant to examine and count; wherefore this contestant can not specify 
more particularly the exact numbers of the ballots counted and of the ballots 
rejected than as stated in the preceding paragraphs, nor has it been possible 
for the contestant to ascertain and state with more particularity the number 
of void ballots counted and the number of legal ballots rejected in particular 
voting districts or wards in said several towns; but having stated the facts 
relating to said ballots with as great particularity as he could ascertain the 
same without access to the ballots themselves, this contestant reserves and in- 
sists upon the right to take testimony and to examine the ballots in all the ballot 
boxes used in said congressional election held on said November 8, 1910, and 
to prove from the ballots themeselves, upon examination thereof, and upon a 
true construction of the law under wliich they were cast, the exact number of 
lawful votes cast both for you, the contestee, and for this contestant, without 
further or more speciiic statement in this notice. 

Dated at Norwich; Conn., this 23d day of December, 1910. 

Raymond J. Jodoin, 

Contestant. 

Norwich, Decemder 23, 1910. 
United States of America, State of Connecticut: 

Herbert E. Draper, being duly sworn, says that he is deputy to the sherifC 
of the county of New London in the State of Connecticut, and that on the 23d 
day of December, 1910, he duly served the above and foregoing notice of con- 
test, by leaving with and in the hands of the Hon. Edwin W. Higgins, the 
contestee, a true and attested copy of the above and foregoing notice of contest 
of the election of the said Edwin W. Higgins as a member of the House of 
Representatives for the third congressional district of Connecticut, at Norwich 
in said State of Connecticut. 

Herbert E. Draper. 

Subscribed and sworn to before me this 23d day of December, 1910.. 
[SEAL.] Chas. F. Thayer, 

Notary Public. 

Pees: Miles travel, 20 cents; copy, $2.25; service, 12 cents; indorsements, 
24 cents ; total, $2.81 ; paid by R. J. Jodoin, contestant. 

Herbert E. Draper, 

Deputy Sheriff. 



To Raymond J. Jodoin, Connecticut. 

Sir: In response to your notice that you intend to contest my election as a 
Representative to Congress from the third Connecticut district at the general 
election held in said district on the 8th day of November, 1910, I answer as fol- 
lows: 

First. That your notice of contest was not given in accordance with the 
Revised Statutes of the United States, chapter 105, inasmuch as you do not 
state in your specifications, with a single exception, why the ballots or any of 
them alleged to have been illegally cast and counted for me were illegal and 
should not have been so counted, nor do you state why the ballots alleged to 
have been lawfully cast for yourself at said election and illegally rejected were 
so rejected; and inasmuch as you allege that you know the number of such 
ballots alleged to have been illegally counted and rejected in the several towns 
as set up in your specifications, you must know, of course, the grounds on 
which such ballots were so counted or" rejected, and your notice should have 
given me this information, under the act of Congress, in order to fairly apprise 



JODOIN VS. HIGGINS. 5 

me of your reasons for claiming tliat I was not elected and you were elected at 
said general election. 

Second. Without in any way waiving the right to take advantage of the 
errors, uncertainties, and imperfections above mentioned in your notice of con- 
test, but expressly saying and reserving unto myself said right, I further 
answer : 

Third. It is admitted that the law under which said general election was held 
was a law passed by the General Assembly of Connecticut and approved the 
24th day of August, 1909, and that the said general election was the first at 
which an election for Congressman had been held in said district under the 
provisions of said law; but it is averred that town elections were held under 
said law throughout said district and State prior to said general election, and 
that great pains were taken to inform the voters as to the provisions of said 
law and the manner of voting correctly under its provisions both before said 
town elections and before said general election. And further the moderators, 
counters, and all the election officials of the several towns and voting districts, 
of the third congressional district of Connecticut uniformly followed in deter- 
mining the validity of the ballots cast in the election of Representative to 
Congress in the third Connecticut district on November 8, 1910, the written 
opinion of the attorney general of the State given at the joint request of the 
chairman of the Democratic State central committee and the Republican State 
central committee construing the statute in order that the moderators at the 
different electors' meetings throughout the State might have some uniform 
standard by which to judge the legality of the ballots cast and this non- 
partisan opinion and the instructions issued and widely circulated by the 
Republican and Democratic State central committees in conformity to the said 
opinion fully advised the election officials and the electors on said ballot law 
and the political committees of both the Democratic and Republican Parties, 
State and local, the moderators and election officials, were in agreement and 
accord in their construction of the ballot law and agreed fully as to the mean- 
ing and intent of said statute, all of which agreements were fully carried out 
by he election officials of both the Democratic and Republican Parties in their 
count of the votes cast and no partisan question as to the meaning and intent of 
said law was raised by any party during the progress of said election and the 
casting, counting, and tabulation of the result of said ballots. 

Fourth. That notwithstanding the steps taken, as set forth in the third article 
of this answer, errors were made in the counting and tabulation of the ballots 
cast for Representative in Congress in said third congressional district at said 
general election, held November 8, 1910, whereby ballots cast for me for Repre- 
sentative to Congress in said district were unlawfully rejected and not counted 
and illegal ballots cast for you were unlawfully counted and recorded. 

Fifth. By the provisions of the statutes of this State the boxes containing the 
ballots cast at said general election in said third congressional district on the 
8th day of November, 1910, are held under seal in tlie town clerk's offices in 
the various towns in said district and by reason of that fact I am unable to 
specify with particularity and accuracy and to fully describe the ballots which 
were unlawfully cast and counted and recorded for you in the several towns in 
said district, and the ballots which were lawfully cast but not counted and 
recorded for me at said general election in said district, but upon such informa- 
tion as I have been able to obtain from election officials and others I believe and 
therefore aver that in each of the towns mentioned in the specifications of your 
notice, and also in the town of Sprague, more than a majority of the ballots 
rejected and not counted were ballots lawfully cast for me and should have 
been counted for me in ascertaining the result of said election; and that in 
each of the towns mentioned in your specifications and also in the town of 
Spraguo there were ballots, the number of which I ha\e been unable to obtain, 
which were unlawfully cast and counted and recorded for you. 

Sixth. Your eligibility for Representative to Congress as stated in your notice 
is admitted. 

Seventh. With the exceptions stated in the foregoing articles of this answer 
I deny each and every one of tlie allegations made by you as fully as if each 
allegation and each ground of contest vrere specifically denied. 

Wherefore, in case a recount should be had, I ask that such recount shall 
embrace the ballots cast for Representative in Congress in each and all the 
towns in said third congressional district and that the mistakes above set forth 
be corrected, and I assert that I received, at said election in such district, held 



6 JODOIN VS. HIGGINS. 

on November 8, 1910, more votes than were received by yon and a greater plu- 
rality of tlie votes hnvfnlly cast than credited to me in the official returns. 
Dated at Norvrich, Conn., this ITth day of Jannary, 1911. 

Edwin W. Higgins, 

Contestee. 

The above and foregoing is a duplicate of the original answer of the contestee 
gi\eu me by his hand this 17th clay of January, 1911, for service upon Raymond 
J. Jodoin, of Sprague, Conn. 

Hereekt E. Drapes, 
Deputi/ SJicriff for New London County. 



It is hereby stipulated between said contestant and said contestee as follows: 

1. That Exhibit 1 hereto annexed is substantially a true copy of the ballots 
used for the election of the State officers of the State of Connecticut, Repre- 
sentative in Congress for the third congressional district, for judges of pro- 
bate for the probate districts in said congressional district, for State senators 
for the senatorial districts in said congressional district, and representatives to 
the general assembly from the various towns in said congressional district, and 
for justices of the peace in said towns in said district. 

2. That the ballots cast in said various senatorial districts, probate districts, 
and towns, were alike, mutatis mutandis, substituting the various names of 
the various nominees for said various officers. 

3. That Raymond J. Jodoin, the contestant, was the Democratic nominee 
regularly nominated, whose name was printed upon all the ballots used in said 
congressional district at the election for Representative in Congress for said 
district in said Sixty-second Congress of the United States. 

4. That Edwin W. Higgins, the contestee, was the regular Republican nom- 
inee, whose name was printed upon all of said ballots used in said district at 
said election for Representative in Congress in said district. 

5. That said ballot as used in said election was novel to the voters of said 
district; that said ballot had never been used before at any election in said 
district for the election of a Representative in Congress to the United States, 
although a similar ballot had been used in most of the towns in said district at 
the preceding October election held for the election of town officers, and that 
there was a diversity of opinion amongst competent attorneys and judges as 
to the proper construction of the law as to said ballots and as to the effect of 
different marks and the location of the same upon said ballots and as to what 
ballots should be rejected for various causes. 

6. That at said election and under the law of the State of Connecticut the 
moderators at the electors' meetings in the various towns on November 8, 
1910, were the judges authorized to judge and pass upon the various ballots 
cast at said election for Representative in Congress and the other officers, 
State and otherwise. 

7. That Exhibit 2 hereto annexed is a true copy of the opinion of the attorney 
general of the State of Connecticut given at the request of the respective chair- 
man of the State Democratic and State Republican committees, and that the 
same was widely printed in the various newspapers of the State and widely 
circulated amongst the voters of said third congressional district. 

8. That at said election, notwithstanding the circulation of said opinion of 
the attorney general of the State, the moderators at the electors' meeting in the 
various polling places in said towns in said district disagreed as to what ballots 
were valid and what ballots were invalid under said law. 

9. That in many voting districts it is probable that the moderators were 
mistaken in their decisions as to the validity or invalidity of ballots cast for 
said office of Representative in Congress from said district, and that without 
opening the boxes and examining the ballots therein it is impossible to deter- 
mine the extent of such mistaken decisions. 

10. That no poll book or record of any kind was kept under the law of the 
State of Connecticut or was by said law I'equired to be kept showing whaf^ 
votes were rejected or the causes for the same. 

11. That under the law of the State of Connecticut the moderators in said 
various voting places in said towns are required to put a memorandum upon 
the back of all ballots that are rejected, stating the causes thereof; that «aid 



JODOIN VS. HIGGINS. T 

% 

ballots and the memoranda tlii-reon and tlie causes of rejection are placed in 
said boxes and said boxes are securely sealed, so that the ballots rejected and 
the causes for rejection can be ascertained and known only by opening said 
boxes and examining said ballots. 

12. That it is impossible to tell with accuracy what ballots has-e been im- 
properly counted or rejected for the contestant or contestee without opening said 
boxes and examining said ballots. 

13. That both the contestant and the contestee agree that the boxes be 
brought into the custody and control of a notary public, acting for and in the 
place of the said Sixty-second Congress and of its committee on contested 
elections. 

14. That said contestant desires that said boxes be opened and said ballots 
examined and recounted and that the lawful and correct count of said ballots 
be ascertained thereby without objection on the part of the contestee. 

15. That said contestant and contestee waive any question of formality or 
sufficiency of the pleadings as to said matter of contest and agree that all 
issues are properly raised and presented for the opening of said ballot boxes 
and for a recount of all the ballots cast at said election for the office of Repre- 
sentative in Congress for said congressional district in said Sixty-second 
Congress. 

16. That said contestant and contestee stipulate and agree that Warren B. 
Burrows, a notary public, shall act as such magistrate and notary for the 
issuing of all subpcenas for the impounding and holding of said ballot boxes 
until the same be lawfully demanded and called for by the House of Representa- 

' fives of said Sixty-second Congress or its duly authorized committee. 

17. That said contestant and contestee agree and stipulate to assist in every 
way in expediting and facilitating the recount of said votes. 

18. That said contestant and contestee stipulate and agree to waive any and 
all claims which they or either of them might make under any of the pleadings 
or any part of the proceedings for the determination of said question so that a 
full recount of all ballots cast for Member of Congress from said congressional 
district in said Sixty-second Congress may be had. 

19. That Exhibit 3 hereto annexed is a true copy of all the papers and rec- 
ords in the matter of the application of William J. Kennedy before Hon. Samuel 
O. Prentice, Hon. John M. Thayer, Hon. Alberto T. Roraback, judges of the 
supreme court of errors, authorized under section 1685 of the general statutes 
of Connecticut, to recount the ballots cast at congressional elections in said 
State and to correct any errors in the rulings of the moderators or any mistake 
in the count of said votes, and that Exhibit 4 is a true copy of all the papers 
and records in the matter of the application of Lewis before Hon. Sam- 
uel O. Prentice, Hon. John M. Thayer, Hon. Alberto T. Roraback, judges of 
the supreme court of errors, and that Exhibit 5 is a true transcript of all the 
proceedings at the hearings on said applications. 

20. That certified copies of all the records concerning the returns of said 
election and the canvass of the votes as required by the laws of the State of 
Connecticut to be on file in the office of the secretary of the state, together 
with all decisions rendered or given by any court or courts of the State of 
Connecticut concerning the ballots in question or any ballots cast in said elec- 
tion in any part of the State of Connecticut may be offered by either the con- 
testant or the contestee before the Congress of the United States or its com- 
mittee without objection, and when so offered shall be received as a part of the 
record. 

21. That said contestant and contestee stipulate and agree that said ballots 
in said boxes, and the memoranda thereon, and the various exhibits mentioned 
In this stipulation, including tthe returns or records on file with the secretary of 
the State of Connecticut, and said decisions of courts constitute the evidence 
and all the evidence which is competent for the determination of said contro- 
versy between them as to the choice of the electors in said congressional dis- 
trict of a Member of Congress for said third congressional district in said 
Sixty-second Congress. 

Raymond .T. .Jodoin, Contestant. 
Edwin W. Higgins, Contestee. 
Norwich, Conn., March 16, 1911. 



JODOIN VS. HIGGINS. 



Exhibit 1. 

This ballot shall be marked with a pencil having black lead. 

To vote a straight ticket, make a cross mark " X " within the circle above 
one of the party columns. 

To vote a split ticket; that is, for candidates of different parties, the voter 
shall make a cross mark " X " before the name of each candidate for whom 
he votes, not appearing in the column which he has designated by an " X " in 
the circle at its head. 

In case two representatives are to be elected from any town, any elector may 
split such ballot by placing a cross mark " X "" in the voting space on the left and 
before the names of the two candidates for whom he desires to cast his ballot, 
such mark to be in addition to the mark required to be placed within said circle. 

If the ticket marked in the circle for a straight itcket does not contain the 
names of candidates for all offices for which the elector desires to vote, he 
shall, in addition to the cross mark " X " made in the circle hereinbefore re- 
quired, vote for candidates for such offices so omitted by making a cross mark 
" X " before the names of the candidates for such offices in another column on 
this ticket, or by writing the name, if not printed upon the ballot, in the blank 
column, under the title of the office. 

Any other mark than the cross mark " X " used for the purpose of voting 
will render this ballot void. 

If you tear, deface, or wrongly mark this ballot, return it and obtain another. 





o 




o 




o 




KEPUBLICAN. 




DEMOCEATIC. 




SOOALIST. 




Governor. 




Governor. 




Governor. 


□ 


Charles A. Goodwin. 


n 


Simeon E. Baldwin. 


D 


Robert Hunter. 




Lieutenant governor. 




Lieutenant governor. 




Lieutenant governor. 


D 


Dennis A. Blakeslee. 


D 


Andrew J. Broughel. 


D 


William Applegate. 




Secretary. 




Secretary. 




Secretary. 


D 


Matthew H. Rodgers. 


n 


Zalmon Goodsell. 


D 


Elva Reeve Bloor. 




Treasurer. 




Treasurer. 




Treasurer. 


D 


Costello Lippitt. 


n 


Edward T. Brown. 


D 


James J. Mclntyre. 




Comptroller. 




Comptroller. 




Comptroller. 


D 


Thomas C. Bradstreet. 


n 


John M. Brady. 


D 


Emil Goris. 




Attorney general. 




Attorney general. 




Attornej'^ general. 


D 


John H. Light. 


D 


Taleott H. Russell. 




No nomination. 




Representative at large. 




Representative at large. 




Representative at large. 


D 


John Q. Tilson. 


n 


George P. Ingersoll. 


D 


Samuel E. Beardsley. 


Kepresentative in Congress. 




Representative in Congress. 




Representative in Congress. 


O 


Edwin W. Higgms. 


D 


Raymond J. Jodoin. 


D 


Edwin Perkins Clarke. 




Sherifi. 




Sheriff. 




Sheriff. 


D 


Sidney A. Brown. 


D 


Lawrence Ashcroft. 


D 


Charles Trimbach. 




Senator. 




Senator. 




Senator. 


D 


John H. Davis. 


D 


Charles S. Avery. 


D 


Fred Holdsworth. 




Judge of probate. 




Judge of probate. 




Judge of probate. 


D 


Nelson J. Ayling. 


D 


Thomas M. Shields. 


D 


Albert Boardmen. 




Representatives. 




Representatives. 




Representatives. 


D 


Henry W. Tibbits. 


D 


Frederick Dearing. 


D 


Walter H. Wolverton. 


D 


Albert J. Bailey. 


D 


John F. Craney. 


D 


Rudolph A. Krohn. 




Justices of the peace. 




Justices of the peace. 




Justices of the peace. 


D 


Wallace S. Allis. 


D 


Franklin H. Brown. 


D 


Daniel Polskey. 


D 


John C. Averill. 


D 


Edward T. Burke. 


D 


James P. Donnelly. 


D 


Herman Alofsin. 


D 


John J. Corkery. 


n 


Eugene Carroll. 


D 


Albert J. Bailey. 


D 


John F. Coughlin. 


D 


Samuel Lambert. 


D 


John H. Barnes. 


D 


Jeremiah J. Desmond. 


D 


Arthur F. Fulton. 


D 


Willis A. Briscoe. 


D 


Roderick M. Douglas. 






D 


Amos A. Browning. 


n 


Joseph T. Fanning. 






D 


S. Ashbell Crandall. 


D 


William F. Hill. 






D 


John Eccles. 


D 


Charles V. James. 






□ 


Currie Gilmore. 


D 


Thomas J. Kelly. 






D 


John D. Hall. 


D 


Gilbert. S. Raymond. 






D 


Edwin W. Higgins. 


D 


Thomas A. Robinson. 






□ 


George E. Parsons. 


D 


Thomas M. Shields. 






D 


Henry H. Pettis. 


D 


William H. Shields. 






D 


Donald G. Perkins. 


D 


Charles F. Thayer. 






D 


Lee Roy Robbins. 


D 


Seneca S. Thresher. 






D 


Thomas A. Robinson. 


D 


William Weldon. 







JODOIN VS. HIGGINS. 





o 




o 




o 




PKOHIBITION. 




SOCIALIST LABOR. 




BLANK COLUMN. 




Governor. 




Governor. 




Governor. 


D 


Emil L. G. Hohenthal. 


n 


Frederick Fellermann. 


D 






Lieutenant governor. 




Lieutenant governor. 




Lieutenant governor. 


D 


Benjamin F. Beardsley. 


D 


John T. Riggs. 


D 






Secretary. 




Secretary. 




Secretary. 


D 


Charles J. Faneher. 


D 


Albert H. Gierginsky. 


a 






Treasurer. 




Treasurer. 




Treasurer. 


n 


Charles B. Allyn. 


D 


Henry Finken. 


D 






Comptroller. 




Comptroller. 




Comptroller. 


D 


Ray K. Linsley. 


D 


Joseph Marek. 


D 






Attorney general. 




Attorney general. 




Attorney general. 


D 


Wilbur G. Manchester. 


D 


Emanuel Sherman. 


D 






Representative at large. 




Representative at large. 




Representative at large. 


D 


William P. Barstow. 


D 


Max Feldman. 


D 






Representative in Congress. 




Representative in Congress. 




Representative in Congress. 


D 


James M. Young. 


D 


Louis Weingarth. 


□ 






Sheriff. 




Sheriff. 




Sheriff. 


D 


David T. Donahue. 


D 


Thomas McGarty. 


□ 






Senator. 




Senator. 




Senator. 


D 


William Crowe. 


n 


No nomination. 


D 






Judge of Probate. 




Judge of prodate. 




Judge of probate. 


D 


No nomination. 


n 


No nomination. 


D 






Representatives. 




Representatives. 




Representatives. 


D 


Robert McNeely. 


D 


No nomination. 


D 




D 


S. Howard Mead. 


D 




D 






Justices of the peace. 


D 






Justices of the peace. 


D 


Charles S. Storms. 




Justices of the peace. 


D 




D 


William C. Noyes. 


D 


No nomination. 


D 




□ 


Daniel C. Graham. 






D 




D 


Frank Haglund. 






D 




D 


Joseph J. Fields. 






D 




D 


Levi S. Saunders. 






D 




D 


Louis A. Frazier. 






D 




D 


Frederick J. Haglund. 






D 




D 


Sterling Nelson. 






D 




D 


Robert McNeely. 






D 




n 


Amos A. Baldwin. 










D 


S. Howard Mead. 











Exhibit 2. 



THE CONNECTICUT BALLOT LAW — OPINION BY ATTORNEY GENERAL JOHN H. LIGHT 
FOR THE GUIDANCE OF ELECTION OFFICIALS AND ELECTORS — RENDERED UPON THE 
JOINT REQUEST OF THE CHAIRMEN OF THE REPUBLICAN AND DEMOCRATIC STATE 
CENTRAL COMMITTEES. 

Hartford, 'Novem'ber 3, 1910. 
Hon. ]MiCH.\EL Kenealy, Cliairman Eepublican State Central Committee, and 
Hon. Charles W. Comstock, Cliairman Democratic State Central Committee. 

Gentlemen: Agreeable to your request, and in order that tlie moderators at 
the different electors' meetings throughout the State may have some uniform 
standard oy which to judge the legality of ballots cast, I submit the following 
opinion : 

To preface what I have to say, I will first call attention to the language of 
our supreme court in certain ballot cases, which may serve in construing the 
present law. In the case of Flanagan v. Hynes (75 Conn., 584), the court held 
that— 

" The ultimate purpose of the statutes regulating the exercise of the right of 
suffrage is to secure an orderly and faithful expression and registration of the 



10 JODOIN VS. HIGGINS. 

popular will upon tlie questions submitted for decision. If ballots are to be 
rejected and voters thereby disfranchised, it should be because the legislature 
has seen fit to require it in the interest of an honest suffrage, and has expressed 
that requirement in unmistakable language. It should not result from doubtful 
judicial construction, from a too strict regard for the mere letter of the statute, 
or from a resort to nice or technical refinements in the interpretation or appli- 
cation of the law." 

In the case of Fields v. Osborne (60 Conn., 549), the court say: 

" There can be no question but that the legislature intended to say that a 
ballot which fails to accord with certain specifically enumerated requirements 
should be void, Irrespective of all considerations as to the intent or effect of 
such failure. It considered uniformity an important means of preventing 
fraud. * * * It is not within the province of the court to say what the 
consequences of the failure to conform shall be ; the act itself fixes that." 

And the court further held that it was their duty to construe the statute so 
that the voter shall not be deprived of his vote except upon a plain and unam- 
biguous provision of the law. 

In the case of Coughlin v. McBlroy (72 Conn., 107), the court say: 

" Marks upon the face of ballots which appear or are shown to have been 
made accidentally, and not for the purpose of indicating the voter, and 'changes, 
for the existence of which a reasonable explanation consistent with honesty and 
good faith either appears upon the face of the ballot, or is shown by proof, did 
not render the ballots void." 

In passing upon the legality of a ballot the first question to be considered by 
the moderator is. Does the ballot conform to the statute? In answering this 
question he may consider himself relieved of any obligation to inquire as to the 
necessity or reason of the requirements of the statute, and that he Is not at 
liberty to dispense with any of the requirements of the statute. The legislature 
has seen fit to throw around the ballot box such safeguards and regulations as 
it deemed proper, and it is the duty of the citizen to conform to the same. 

I will now take up in order the provisions of the statute. 

HOW TO VOTE A STRAIGHT TICKET. 

Any elector may vote a straight ticket by placing the cross mark " X " within 
the circle ;it the head of the party ticket (or column) which he desires to vote. 
The ballot shall be marked with pencil having black lead. It is advisable for 
the elector to use the pencil to be found in the booths. 

HOW TO VOTE A SPLIT TICKET WHESE THERE IS ONLY ONE MAN TO BE ELECTED TO 

EILL A PARTICULAR OFFICE. 

To vote a split ticket is to vote for candidates of different parties. An elector 
may split his ballot by making a cross mark " X " at the left and before the 
name of each candidate for whom he desires to vote not appearing in the party 
column which he has designated by a cross mark " X " in the circle at its head. 

HOW TO VOTE A SPLIT TICKET IN CASE TWO OR MORE PERSONS ARE TO BE ELECTED TO 

FILL THE SAME OFFICE. 

In towns where two representatives are to be elected any elector may split 
his ballot by placing the cross mark " X " in the voting space on the left and 
before the names of the two candidates for whom he desires to cast such ballot, 
such marks to be in addition to the mark required to be placed within the circle 
at the head of his ticket; that is to say, in case a Republican desires to vote 
for one candidate on the Democratic ticket for representative, and one on his 
own ticket, he should place the cross mark "X" in the voting space on the 
left and before the name of each of said candidates, viz. the candidate on his 
own ticket, and the candidate on the other ticket, such marks to be in addition 
to the mark required to be placed in the circle at the head of his ticket ; and in 
case he should desire to vote for the two candidates on another ticket for repre- 
sentatives he may do so by placing the cross mark " X " in the voting space on 
the left and before the names of such two candidates, such marks to be in addi- 
tion to the mark required to be placed within the circle at the head of his 
ticket. 



JODOIN VS. HIGGINS. 11 

HOW TO VOTE FOR ONE OK MORE CANDIDATES WITHOUT VOTING A PARTY TICKET. 

All elector may vote for oue or more candidates without voting a party ticket 
by using tlie blank column. Tlie law provides tliat — 

"An elector may write in said column the name of any person for whom he 
desires to vote for the office designated, in the space where such name may be 
written, and such ballot shall be counted for the person whose name is so 
written." 

If an elector should desire to vote for one of the candidates to fill the office 
of governor, without voting a party ticket, he may do so by writing the name 
of such person in the blank column on the line under the title of " Governor," 
and such ballot shall be counted for the candidate whose name is so written. 

This illustration may serve for all of the candidates for the several offices 
named on the ballot. 

HOW TO VOTE WHEN THE NUMBER OF NAMES ON THE BALLOT FOR A PARTICULAR 
OFFICE DO NOT EQUAL THE NUMBER FOR WHOM AN ELECTOR IS ENTITLED TO 
VOTE. 

The law provides that where the names of two or more candidates for the 
same political iiarty and for the same office appear printed on said ballot, and 
the number of names on said ballot for such office does not equal the number 
for whom the elector is entitled to vote, he may make the cross mark "X" in 
the space at the left of the name of any candidate of any other i^arty column 
for whom he desires to vote, or he may write in the proper space in the blank 
column the name of any person, not printed on said ballot, for whom he desires 
to vote. 

This provision covers a case where, for instance, a party has failed to make 
nominations for representatives. An elector may vote for one or both of the 
representatives of another party by making the cross mark " X " in the voting 
space at the left of the name or names in any other party column for whom 
he desires to vote, or he may write in the space in the blank column the name 
of any person, not printed on said ballot, for whom he desires to vote — that is, 
he may write in the name of a candidate who has not been nominated by any 
party. 

HOW TO TEST THE LEGALITY OF A BALLOT. 

The law provides that — 

" If any ballot shall contain any mark or device other than as hereinbefore 
provided, so that the same may be identified in such a manner as to indicate 
who might have cast the same, or shall be folded otherwise than as delivered 
to the voter by the ballot clerk, the ballot shall not be counted, but shall be 
kept by the moderator and returned to the town clerk in the ballot box in a 
separate package from the ballots counted at such election." 

In passing upon marked ballots the moderator should keep in mind the lan- 
guage of Chief Justice Hall in the case of Coughlin r. McElroy, cited above, 
that '* marks upon the face of ballots which appear or are shown to have been 
made accidentally, and not for the purpose of indicating the voter, and changes 
for the existence of which a reasonable explanation consistent with honesty 
and good faith either appears upon the face of the ballot or is shown by proof, 
should not render the ballot void." 

I am of the opinion that moderators in the discharge of the duty of constru- 
ing the ballot law should keep in mind that an elector should not be deprived 
of his vote except upon a plain and unambiguous provision of the law. 

Respectfully submitted. 

John H. Light, 
Attorney General. 

Exhibit .3. 

To the Hon. John INI. Thayer, a .iudge of the supreme court of errors of the 
State of Connecticut, comes "William J. Kennedy, of the town of riainfield, 
county of Windham, and State of Connecticut, and complains and says: 

1. That he is and on the Sth day of November, 1910, was an elector residing^ 
in said town of Plainfield. 

2. That on said Sth day of November, 1910. an electors' meeting was held in 
said town of Plainfield and in all the other towns in New Loudon County and 



12 JODOIN VS. HIGGINS. 

Wiudliam Countj^ constitiltiug tlie third congressional district of the State 
of Connecticut, for the election of a Eepresentative in Congress for the said 
third congressional district. 

3. On said day and at said election Raymond J. Jodoin, of the town of 
Sprague, in New London County, and Edwin W. Higgius, of Norwich, in said 
New London County, were regularly chosen candidates for the otilce of Repre- 
sentative in Congress for said third congressional district of Connecticut. 

4. No election for Representative in Congress has ever before been held in 
said third congressional district under the law in force on November S, 1910, 
nor in the form or manner or with the form of ballot required by the existing 
election law of Connecticut, and the moderator in said town of Plainfield, and 
the moderators of the several electors' meetings held in the said several towns 
in said third congressional district did not fully understand the meaning of said 
law nor the proper interpretation thereof, and erroneously ruled and decided 
that certain ballots regularly deposited in the ballot boxes in said town of 
Plainfield and in the several towns in said congressional district and express- 
ing the intention and will of the electors casting the same to vote for and select 
the said Raymond J. Jodoin as their Representative in Congress were not legal 
ballots and that the same should not be counted as ballots or votes in favor of 
said Raymond J. Jodoin, and the same were not counted by the election count- 
ers in the said several towns, but were by reason of said erroneous rulings of 
said several moderators rejected and not counted as ballots or votes for any 
person, and the same were not credited to the said Raymond J. Jodoin in the 
tabulation or count of the ^ otes for or in his favor. 

5. The returns from the several towns comprising said third congressional 
district show th;it the said Edwin W. Higgins received 75 votes more than were 
received by the said Raymond J. Jodoin, and only 75 more votes, and that no 
other person received as many votes as either the said Edwin W. Higgins or 
the said Raymond J. Jodoin. 

6. That on said day in addition to other ballots legally cast and counted 
32 ballots were regularly deposited in the ballot box provided at said election 
In said town of Plainfield for the reception of the lawful ballots cast at said 
electors' meeting, each bearing the name of Raymond J. Jodoin as candidate 
for the office of Representative in Congress, and so marked by the electors who 
so deposited the same as to express their intention and will to vote for and 
choose him, the said Raymond J. Jodoin, as their Representative in Congress. 

7. Said 32 ballots described in paragraph 6 were ruled upon by the modera- 
tor of said electors' meeting and by him decided to be unlawful and void bal- 
lots, and the same by reason of said decision and ruling of said moderator 
were thrown out and were not counted in favor of said Jodoin for said office. 

S. All of said 32 ballots were legal ballots and expressed the intention and 
will of the electors casting the same to elect the said Raymond J. Jodoin to 
said office. 

9. That in the town of Putnam, in Windham Coimty, there were 52 ballots 
regularly deposited in the ballot box provided at the election on said date, 
each bearing the name of said Raymond J. Jodoin as candidate for the office 
of Representative in Congress, and so marked by the electors who deposited 
the same as to express their intention and will to vote for and choose him, the 
said Jodoin, as their Representative in Congress, all of which were likewise 
ruled upon by the moderator in said electors' meeting in said Putnam, and by 
him decided to be unlawful ballots, and the same by reason of said erroneous 
decision and ruling of said moderator were thrown out and were not counted 
in favor of said Jodoin for said office. ^^ ^ „ . 

10. That in the town of Killingly. in Windham County, there were 60 ballots 
regularly deposited in the ballot box provided at the election on said date, 
each bearing the name of said Raymond J. Jodoin as candidate for the office 
of Representative in Congress, and so marked by the electors who deposited 
the same as to express their intention and will to vote for and choose him, the 
said Jodoin, as their Representative in Congress, all of which were likewise 
ruled upon bv the moderator in said electors' meeting in said Killingly, and 
by him decided to be unlawful ballots, and the same by reason of said erro- 
neous decision and ruling of said moderator were thrown out and were not 
counted in favor of said Jodoin for said office. . , . ^. ^ -, 

11 That in the first voting district of the town of Norwich, m New London 
County there were 50 ballol:s regularly deposited in the ballot box provided 
at the election on said date, each bearing the name of said Raymond J. 
Jodoin as candidate for the office of Representative in Congress, and so 



JODOIN VS. HIGGINS, 13 

marked by the electors who deposited the same as to express their intention 
and will to vote for and choose him. the said Jodoin, as their Representative 
in Congress, all of which were likewise ruled upon by the moderator in said 
electors' meeting in said first voting district of the town of Norwich, and by 
him decided to be unlawful ballots, and the same by reason of said erroneous 
decision and ruling of said moderator were thrown out and were not counted 
in favor of said Jodoin for said office. 

12. That in the second voting district of the town of Norwich, in New Lon- 
don County, there were 30 ballots regularly deix)sited in the ballot box pro- 
vided at the election on said date, each bearing the name of said Ravmond J. 
Jodoin as candidate for the office of Representative in Congress," and so 
marked by the electors who deposited the same as to express their intention 
and will to vote for and choose him, the said Jodoin. as their Representative 
In Congress, all of which were likewise ruled uix)n by the moderator in said 
electors' meeting in said second voting district of the town of Norwich, and by 
him decided to be unlawful ballots, and the same by reason of said eri-oneous 
decision and ruling of said moderator were thrown out and were not counted 
in favor of said Jodoin for said office. 

13. That in the third voting district of the town of Norwich, in New Lou- 
don County, there were 30 ballots regularly deposited in the ballot box pro- 
vided at the election on said date, each bearing the name of said Raymond J. 
Jodoin as candidate for the office of Representative in Congress." and so 
marked by the electors who deposited the same as to express their intention 
and will to vote for and choose him. the said Jodoin, as their Representative 
in Congress, all of which were likevv-ise ruled upon by the moderator in said 
elec-tors' meeting in said third voting district of the town of Norwich, and by 
him decided to be unlawful ballots, and the same by reason of said erroneous 
decision and ruling of said moderator were thrown out and were not couutetl 
in favor of said Jodoin for said office. 

14. That iu the fourth voting district of the town of Norwich, in New London 
County, there were 15 ballots regularly deposited in the ballot box provided at 
the election on said date, each bearing the name of said Raymond J. Jodoin, 
as candidate for the office of Representative in Congress, and "so marked by the 
electors who deposited the same as to express their intention and will to"^ vote 
for and choose him, the said Jodoin, as their Representative in Congress, all of 
which were likev/ise ruled upon by the moderator iu said electors' meeting in 
said fourth voting district of the town of Norwich, and by him decided to be 
malawfiil ballots, and the same by reason of said erroneous decision and ruling 
of said moderator were thrown out and were not counted in favor of said 
Jodoin for said office. 

35. That in the fifth voting district of the town of Norwich, iu New London 
County, there were 2.5 ballots regularly deposited in the ballot box provided at 
the election on said date, each bearing the name of said Raymond J. Jodoin, as 
candidate for the office of Representative in Congress, and so marked by the 
electors who deposited the same as to express their intention and will to vote 
for and choose him. the said Jodoin, as their Representative in Congress, all of 
which were likewise ruled upon by the moderator in said electors' meeting in 
said fifth voting district of the town of Norwich, and by him decided to be un- 
lawful ballots, and the same by reason of said erroneous decision and ruling 
of said moderator were thrown out and were not counted in favor of said 
Jodoin for said office. 

16. That had the said several ballots rejected in the said several towns been 
ruled to be legal ballots as cast and intended by the electors casting the same 
the same would have been counted by the election counters in said several 
towns in favor of the said Raymond J. Jodoin as candidate for Representative 
in Congress, and he, the said Raymond J. Jodoin, would have been credited 
with more than 200 votes for said office in addition to the votes which were in 
fact declared to be legal votes and counted in his favor for said office, and he 
would have been elected to said office. 

17. In counting the ballots cast at said electors' meeting iu the several towns 
in said third congressional district, and in tabulating the same by the counters 
of said election, mistakes were made in the count of ballots cast for the said 
Raymond J. Jodoin whereby the said Raymond J. Jodoin was not credited with 
all the ballots cast in his favor by the electors at said election, the number of 
which can not be ascertained without a recount of all the ballots cast at said 
election. 

6008—11 2 



14 JODOIlSr vs. HIGGINS. 

18. The complaiuant lierein is entitled to be represented in tlie Congress of 
the United States by the person for whom the greater number of electors of 
said district lawfully cast their ballots at said election, and is aggrieved by said 
rulings of said moderators whereby said several ballots were declared illegal 
and void and not counted, and by the said mistakes in the count and tabulation 
of the votes lawfully cast at said election. 

Wherefore the complainant prays your honor forthwith to order a hearing to 
be had upon this complaint and to take all other and further steps and pro- 
ceedings thereon as is provided by section 16S5 of the general statutes, to the 
end that the proper tribunal thereunder may be convened to hear and deter- 
mine the auatters herein alleged: that the ballot boxes used at said electors' 
meeting in said Pla infield, also in Norwich, Putnam, and Killinglv, shall be 
opened; that the ballots in said boxes so declared illegal by the said moderators 
and rejected and not counted as ballots in said town of Pla infield, and in the 
towns of Putnam, Norwich, and Killingly, be examined and declared legal bal- 
lots, and that a recount cf all the ballots cast at said electors' meeing'in said 
town of Plainfield, and also in said towns of Putnam. Killingly, and Norwich, 
be made. 

And as in duty bound the complainant will ever pray. 

Dated at Norwich, Conn., this 11th day of November, 1910. 

William J. Kennedy, 
By Chas. F. Thayer, 

His Attorney. 

The foregoing complaint having been brought to the undersigned, a judge of 
the supreme court of errors, it is ordered that a hearing be had upon said 
complaint at the superior courtroom in the courthouse at Norwich, on the 
16th day of November, 1910, at 10.30 o'clock in the forenoon, and that notice 
of said hearing be given to Edwin W. Higgins, of said Norwich, and Raymond 
J. Jodoin, of Sprague, by some proper oflicer leaving with or at their last 
usual places of above a true and attested copy of the original complaint, and 
of this order, on or before the 12th day of November, 1910. 
Dated at Norwich, Conn., this 11th day of November, 1910. 

John M. Thayer, 
A Judge of the Supreme Court of Errors of the State of Connecticut. 

Towns of Sprague and Norwich, 

November 12, 1910. 
State of Connecticut, 'Neio London County, ss: 

Then and there by virtue hereof I made due and legal service of this com- 
plaint and order of a hearing to be had upon said complaint at the superior 
courtroom at the courthouse at Norwich on the 16th day of November, 1910, 
at 10.30 o'clock in the forenoon, by leaving a true and attested copy hereof at 
the usual place of abode of the within-named Raymond J. Jodoin in the town 
of Sprague, and I also, on the same said 12th day of November, 1910, left a like 
true and attested copy hereof with and in the hands of the within-named 
Edwin W. Higgins. in said town of Norwich. 

Attest: Herbert E. Draper, 

Deputy Sheriff. 

Fees: Miles travel, $2; copies, $3.50; service, 24 cents; indorsements. 36 cents; 
total, $6.10. 



In re application of William J. Kennedy before Plon. John M. Thayer, Hon. 
Alberto T. Roraback, and Hon. Samuel O. Prentice, judges of the Supreme 
Court of Errors. 

ANSWER. 

In the above-entitled proceeding comes Edwin W. Higgins, respondent therein, 
and makes answer to the matters alleged in the complaint as follows: 

1. Paragraphs 1, 2, and 3 of the complaint are admitted. 

2. The allegation in paragraph 4 that no election for Representative in Con- 
gress has been held in said district under the law in force on November 8, 
1910, is admitted. The rest of said paragraph is denied, except that it is ad- 
mitted that certain ballots cast in said town of Plainfield were rejected foi 
illegality. 



JODOIN VS. HIGGINS. 15 

% 

3. Paragraph 5 is admitted so far as it alleges that 75 more votes were re- 
turned for said Higgins than for said Jodoin, but it is denied that said Hig- 
gins received no more than 75 votes in excess of those cast for said Jodoin. 

4. As to the allegations of paragraph 6 the respondent is without sufficient 
information or knowledge to form a belief, and will leave the complainant to 
his proof. 

5. As to paragraph 7 the respondent is wihtout knowledge or information 
sufficient to form a belief, and will leave complainant to his proof. 

6. Paragraphs S. 9, 10, 11. 12, 13, 14, 15, and 16 are denied. 

7. Paragraph 17 the respondent is without information sufficient to form a 
belief, and will leave complainant to his proof. 

3. As to paragraph 18, it is admitted that the complainant is entitled to be 
represented in the C(mgress of the Tnited States by the person for whom the 
greater number of electors of said district lawfully east their ballots at said 
election, but denies the rest of said paragraph. 

9. And for further answer to the complaint the respondent says: 

That he is informed and believes, and therefore avers, that at said election 
there were votes in the several towns in said district cast for said Higgins 
which by the rulings of the moderators were rejected as illegal ballots and 
which were valid ballots and should have been counted for said Higgins, and 
that while this respondent is without information as to the character and 
number of such ballots, yet from such information as could be obtained he 
avers that the number of such votes would materially affect the result of a 
recount of ballots. 

AYherefore this respondent prays that a recount may be made of all of the 
rejected ballots in the various towns in said district and the tabulation of the 
votes cast therein be corrected in accordance with the result of such recount, 
and, further, that a recount of all the ballots cast in said district may be made 
and the errors therein, if any, be corrected. 

Respondent, 
By William F. Henney, 
M. Kenealy. 

His Attorneys. 

Office of Clerk of Superior Court. 
State of Connecticut, 

Comity of New London, ss: 
I, George E. Parsons, clerk of said court, do hereby certify that the foregoing 
is a true copy of the petition and answer in the cause named therein, as appears 
on file. 

In testimony whereof I have hereunto set my hand and the seal of said court, 
at Norwich, in said county, this 16th day of June, 1911. 

[seal.] George E. Parsons, Clerk. 



State of Connecticut. 
Office of the Secretary. 
To the honorable Secretary of State: 

This certifies that on the 11th day of November, 1910, pursuant to section 
1685 of the general statutes, a complaint was brought to the undersigned, 
John M. Thayer, a judge of the supreme court of errors, by William J. Ken- 
nedy, an elector of the town of Plainfield, in W^indham County, in the third 
congressional district, claiming that at the election for Representative in Con- 
gress held on the 8th day of November, 1910, in said district, errors occurred 
in the rulings of the moderator and in the count of the vote for such Repre- 
sentative in said town ; that pursuant to said statutes a hearing upon said com- 
pJoint was ordered to be had on the 16th day of November, 3910, at 10.30 o'clock 
in the forenoon in the superior court room in Norwich, within said district, and 
notice ordered to be given to the candidates whose election might be affected 
by the decision upon such hearing, which notice was duly served ; that the 
undersigned, Samuel O. Prentice and Alberto T. Roraback. judges of the 
supreme court of errors, designated by the chief justice for that purpose, and 
John M. Thayer, the judge to whom said complaint was brought, proceeded to 
hear said complaint at the time and place designated, when the complainant 
and one of the candidates at said election for said office appeai-ed by counsel 
and were heard thereon, and sufficient cause for opening the ballot box in said 



16 



JODOIN VS. HIGGINS. 



town and reconuting the ballots therein having been shown, said ballot box 
was opened by ns and a recount of the ballots therein cast for Representative 
hi Congress was made, and it was found that errors in the count of such ballots 
and in the rulings of the moderator were made in said town at said election. 

Whereupon we find and certify, as a result of our finding and decision, that 
the following persons, voted for for Representative in Congress at said elec- 
tion in said town, received the number of votes set opposite their names, re- 
spectively : 

For Edwin W. Higgins 316 

For Raymond J. Jodoin 327 

For Edward Perkins Clarke 9 

For James M. Young 2 

For Louis Weingarth 4 

We further certify that we have deposited said complaint, with the answer 
filed thereto, with the clerk of the superior court for New Loudon County at 
Norwich. 

Dated at Norwich this 21st day of November, A. D. 1910. 

Samuel O. Prentice. 
John M. Thayer. 
Alberto T. Roraback. 
Received and filed November 23, 1910. 

Matthew H. Rogers, Secretary, 
By DwYER. 



State of Connecticut, Office of the Secretary, ss: 
I hereby certify that the foregoing is a true copy of record in this office. 
In testimony whereof I have hereunto set my hand and aflixed the seal of 
said State, at Hartford, this 15th day of December, A. D. 1910. 

[seal.] Matthew H. Rogers, 

Secretary. 
New London County, Nov. 8, 1910. 



District No. 3. 


Edwin 
W. Hig- 
gins. 


Ray- 
mond J. 
Jodoin. 


Edward 
Perkins 
Clarke. 


James M. 
Young. 


Louis 
Wein- 
garth. 


J.C.Val- 
lette. 


New London 


1,508 
1,677 

81 
209 
240 

67 
223 
518 
149 

84 

66 
103 
212 
149 
141 
125 

54 
133 
666 

93 
216 


1,534 

2,131 

116 

118 

152 

36 

345 

529 

41 

65 

80 

69 

262 

79 

135 

113 

26 

206 

619 

58 

278 


68 

132 

1 

3 


37 
62 

1 

3 

28 

3 

2 

24 

18 

1 


14 
24 




Norwich 




Bozrah . . 




Colchester 


1 
1 








Franklm 






Griswold 


3 

55 


1 

6 




Groton 










4 
3 






Lisbon 


1 




Lyme 


1 
2 
3 
1 
3 




Montville ... . 


2 












Old Lyme 


2 
3 






Preston 














17 

127 

2 

10 


5 
35 


2 
31 




Stonington 




Voluntown 


1 


Waterford . . . 


6 












Total 


6,714 


6, 982 


432 


235 


81 


1 







JODOIN VS. HIGGINS. 



17 



Windluim County, ]\'or. S, 1910. 



District No. 3. 


Edwin 

W. Hig- 

gins. 


Ray- 
mond J. 
Jodoin. 


Edward 
Perkins 
Clarke. 


James M. 
Young. 


Louis 
Wein- 
garth. 


A. L. 

Pitts. 


John 
Doe. 


Putnam 


478 

849 

55 

121 

94 

70 

71 

114 

465 

316 

138 

68 

130 

172 

156 


363 

887 

96 

162 

86 

20 

33 

25 

484 

327 

90 

19 

119 

206 

34 


24 
69 
3 
3 
1 
4 


8 
35 


1 

6 






Windliam 






Ashford 






Brooklyn 


2 

24 
1 


1 






Canterbury 






Chaplin 








Eastford . . . ; 








Hampton 


1 
3 

9 

2 




1 
2 
4 






Killinglv 


18 
2 
2 
3 






Plainfleld 






Pomfret 


1 




Scotland 






Sterling 










Thompson 


9 


5 
6 








Woodstock 






1 












Total 


3,297 


2,951 


125 


109 


15 


. 1 


1 







State of Connecticut, 

Office of the Secretary, 

November 30, WW. 
We, the imdei'sigued, having canvassed the retnrns of the presiding oflBcers of 
the electors meetings in the towns comprising tlie several congressional districts 
of this State, hereby declare the following-named persons elected Representatives 
in the Sixty-second Congress of the United States : 

District No. 1, E. Stevens Henry : district Xo. 2. Thomas L. Reilly ; district" 
No. 3, Edwin W. Higgins ; district No. 4, Ebenezer J. Hill. 

Matthew H. Rogers. Secretary. 

F. F. Patten, Treasurer. 

Thos. D. Bradstreet, Comptroller. 

State of Connecticut, Office of the Secretary, ss: 

I hereby certify that the foregoing is a true copy of record in this office. 

In testimony whereof I have hereunto set my hand, and affixed the seal of 
said State, at Hartford, this 15th day of December, A. D. 1910. 

Matthew H. Rogers, Secretary. 



Edward A. Pinkney's application for a recount, before Hon. Edwin B. 
Gager, a Judge of the Superior Court, December 7, 1910. 

decision and judgment. 

Edward A. Pinkney, a candidate for the office of selectman as first named upon 
the Republican ticket at the town election for the town of Redding, held October 
3, 1910, has brought his application for a recount of the ballots cast for select- 
men under the statute in such case made and provided. The application was. 
returnable November 22. 1910, at 10 o'clock. Only counsel for the applicant 
appeared, but I was informed that the other candidates were in the room and 
that no opposition was made to a recount, but, on the other hand, it was de- 
sired by all parties concerned. 

A recount was thereupon ordered, and the town clerk was directed to produce 
the ballot box in court on the 23d day of November, 1910, at 10 o'clock in the 
forenoon. The ballot box was produced and Judge Booth and Deputy Sheriff 
Crofut were, by consent, appointed counters, and they thereupon proceeded to 
count the ballots, and made report upon the same day. Two liundred and 
twenty-six ballots were found in the box. As to 119 of these there appeared to 
be no question as to their validity. This left 107 ballots which were reported 
to be passed upon by me. 

Time was taken to examine these ballots, and now. on December 7. 1910, I 
make the following finding, viz : 

The counters found in the ballot box, and turned over to me, a package of 16 
ballots marked by the moderator as void, and indorsed " No cross in circles 



18 JODOIN VS. HIGGINS. 

or both circles marked " An examination of tliese ballots shows that 9 of 
them were properly rejected for the following reasons : Three ballots had no 
mark Avhatever. Two ballots had the two circles marked. Two ballots had one 
circle marked and a cross mark not indicating any vote. One ballot had crosses 
over the middle of the name and no circle cross. One ballot had three line 
star in the circle. 

The other 7 ballots had no circle cross, but all were properly crossed for two 
or more candidates, and should have been counted. It is not imperative that 
there should be a cross in a circle, as the statute provides for this cross only in 
case the voter desires to vote a straight ticket. 

It is to be borne in mind right here that this is a recount for selectmen. Un- 
der the statute a ballot may be void in toto, or as in case of selectmen, or wher- 
ever two or more may be voted for. a ballot may be void as to those officers and 
good as to the rest. The statute provides among other things, in section 15, that 
" if any ballot shall contain a greater number of names voted for any office than 
is provided by law it shall render such ballot void, as to such office only." 

Forty-three ballots were found in which a cross mark was made in one of the 
circles, and the name of one or the other of the candidates for selectmen was 
checked upon the ticket which had no cross mark in the circle, and no name was 
checked in the column under the crossed circle. 

The statute provides, in section 2, that where there are two or more candi- 
dates for the same office on one ballot, and a person who has crossed the circle 
desires to split the ballot, he shall put a cross mark opposite the name of the 
person for whom he desires to vote. So that, for instance, if a person having 
crossed the Republican circle should desire to vote for only one selectman upon 
the Republican ticket he will put a cross mark as against the name of the 
person he desires to vote for, and marking this name will operate as a refusal 
to vote for the person whose name is not marked. The statute does not in ex- 
press terms mention a case like the one we have, but, applying the reasoning 
of the statute as applied to a split ballot to the case of a split ticket where two 
or more candidates for the same office are to be voted for, it would seem to 
follow that a voter casts his vote for the person whose name is checked, and 
this operates as a refusal to vote for any person for that office whose name is 
not checked. Otherwise he appears to vote for three selectmen, which, where 
but three are to be elected, would render the entire vote for the selectmen void. 

It follows that the 43 ballots of the kind referred to should be counted for 
the person whose name is checked upon the ticket. 

Fourteen ballots were not straight, but were checked as provided by the 
statute, and need no comment. 

As to 16 ballots the only question was whether a plus mark in the circle in- 
stead of an X rendered them void. I hold them good. One had a double X 
mark ; held good. Two had rather peculiar cross marks, but not such as to 
indicate an attempt to make a distinguishing mark; held good. One had the 
circle crossed and one grand juror crossed; held good. This makes 203 valid 
ballots. 

As to the remaining ballots other than those already accounted for in the 
package marked by the moderator, it is found that one is invalid because there 
are no marks whatever upon it; two are invalid because a line has been drawn 
through the name of a candidate; one is invalid because cross marked in the 
circle and the name of the auditor in the same column is checked, the statute 
making no provision for such a mark ; two are invalid because they contain in 
the circle distinguishing marks other than a cross mark; one is invalid be- 
cause it contains a blue pencil cross mark in the circle; and five are invalid 
because the circle is crossed and a name already printed is written in the 
blank space; one is invalid because it has a distinguishing mark, the figure 3, 
in the corner of the ballot; and one is invalid because a cross mark is over a 
name. In all these cases the ballots are invalid because marked otherwise than 
as provided by the statute. 

We have, then, the following results: Ballots invalid and not rejected by the 
moderator as invalid, 14; ballots invalid and rejected by the moderator, 9; 
being a total of 23 invalid ballots Deducting this number from the total of 
226 ballots, it leaves 203 ballots to be counted for one or two selectmen, as the 
case may be. 

Certain ballots had the names of both selectmen first on the list crossed. 
This is a valid ballot for each, but ineffective as a vote for first selectman, 
the votes for the two offsetting each other so far as the relative positions are 
concerned. 



JODOIN VS. HIGGINS. 19 

The counters made a count of the valid ballots, and reported the vote for 
selectmen as follows: 

Charles Sanford, 104; Walter P. Rowland, 92; Elbert M. Sanford, 81; Edward 
A. Pinkney, 79. 

Chillies Sanford's name stands first on a plurality of the ballots cast, and he 
is therefore elected, first selectman and ex officio agent of the town. Charles 
Sanford, Walter P. Rowland, and Elbert M. Sanford are the duly elected 
selectmen. 

It is therefore adjudged that the petitioner, Edward A. Pinkney, was not 
legally elected a selectman of the town of Redding, at the town election, held 
October 3, 1910, and is not entitled to the certificate of election prayed for in 
his petition. 

Edwin B. Gager, 
A Judge of the Superior Court. 



charles a. quintard v. daniel f. toomey. 

Bridgeport, Fairfield County, 

October 31. 1910. 

The Court: Perhaps I should, before taking up the several classes of ballots, 
the validity of which is questioned, indicate in a general way some of my views 
that I have come to. 

It has been said in Fields f. Osborne, in the Sixtieth Connecticut, in respect 
to the ballot laws then iu vogue : " TTiere can be no question but that the legis- 
lature intended to say that a ballot which failed to accord with certain spe- 
cifically enumerated requii-ements should be void, irrespective of all considera- 
tions as to the intent or effect of such failure ; that it considered uniformity an 
important means of prevening fraud, and there were certain matters in which 
uniformity could be expressly provided for; but that it is not within the prov- 
ince of the court to say what the consequences of the failure to conform shall 
be; the act itself fixes it." 

Judge Carpenter, delivering the opinion of the court in Talcott v. Philbrick, in 
the Fifty-ninth Connecticut, says: "What has the legislature required? Does 
the ballot conform to the statute? We are relieved of any obligation to inquire 
as to the necessity or reason of this or that requirement: and we are not at lib- 
erty to dispense with anything that is required, whatever the reason for it may 
be, or even if without any apparent reason at all. The legislature has spoken, 
and obedience is our first and only duty. It is at liberty to throw around the 
ballot box such safeguards and regulations as it may deem proper, and it is the 
duty of the citizen to conform thereto. Some inconvenience is not too great a 
price to pay for an honest, pure ballot." 

Now, this act under consideration is by no means as clear, it seems to me, as 
it ought to have been made. It has provided a means of voting and a method. 
One of the particular means is the use of a ballot provided for the voter by 
authority of the State and a pencil having black lead, and the method is to use 
that pencil upon the ballot in the way indicated by the statute. 

The law says how a straight ticket shall be voted; in other words, how the 
voter shall manifest or indicate his desire to vote a straight ticket. Clearly a 
straight ticket is the ticket of a given party containing all of the candidates of 
such party for the offices to be voted for. The law says: "To vote a straight 
ticket, he (the voter) shall place a cross mark witliin the circle at the head of 
the ticket which he so desires to vote." There seems to be no way to indicate 
the desire of the voter to vote his or a full and complete straight party ticket 
other than to make the cross mark wihin the circle at its head. The use of 
any other mark or method for that purpose would seem clearly to invalidate the 
ballot. 

Now, then, the law provides for splitting the straight ticket in case two or 
more are to be elected to the same office, such as constables, grand jurors, alder- 
men, or councilmen. as in this case, and as to candidates for such office on the 
straight ticket, as it appears to me. It says: " In case two or more persons are 
to be elected to fill the same office, any elector may split such ballot by placing 
a cross mark in the voting space on the left and before the names of such can- 
didates for whom he desires to cast such ballot, such mark to be in addition to 
the mark required to be placed within said circle." 

Section 2, from which I ha^e quoted, first provides for voting the straight 
ticket. When any elector ^hall desire to vote a straight ticket he shall place a 



20 JODOIN vs. HIGGINS. 

cross mark \^ilbiii the circle at the heart. Now, " In case two or more persons 
are to be elected to till the same otfice, any elector may split such ballot." 
What ballot V He may split the straia;ht ballot, or the straicht ticket, clearly, 
In that case where two or more iiersons are to be voted for for the same office. 
Now howV "He may split such ballot by placing a cross mark in the voting 
space on the left and before the names of snch candidates for whom he desires 
to cast snch ballot, such mark to be in addition to the mark required to be 
placed within said circle." 

As I interpret the statute, there is no apparent indication of a purpose on 
the part of the general assembly to depart from the hitherto jirivilege of an 
elector to vote for one or more of the candidates of his party upon the ballot; 
that the voter is still at liberty to cast a ballot at a general election for a 
single candidate upon his ticket; that it was not the purpose, whatever may 
be said as to the power of the general assembly to resort to such a purpose, 
that it was not the puriJose of the general assembly of 1909 to abridge or limit 
the hitherto right of an elector in that respect. So that, as applied to this 
case, where there are six persons to be elected as councilmen. and a Repub- 
lican voter or Democratic voter desires to vote the straight ticket of his party, 
except as to two or one or more of those candidates for councilmen u]x>n his 
party ticket, he may do so by putting his cross mark in the circle at the head 
and a cross mark in the voting space at the left and before the name of such 
of the councilmen as he desires to vote for upon liis party ticket upon his 
straight ticket ; and so marking the ballot, he excludes the count of that ballot 
for the names of the councilmen not so marked. 

Or if the voter desires to vote for one or more of the candidates for such 
office upon his straight ticket and for one or more whose names are not printed 
thereon, he may. in addition to the cross within the circle at the head of his 
straight ticket and in addition to the cross mark placed by him in the voting 
space at the left of the names upon his straight ticket for whom he desires 
to vote for such office, place a cross mark in the voting space at the left of 
such candidate or candidates as he desires to vote for for such office appear- 
ing in any other column, or he may write in the blank column under the 
proper designation therein of such office such name or names as he desires to 
vote for for such office. 

It does not seem to me that the instructions provided for to be printed upon 
the stub of the ballot have fairly and reasonably contemplated the splitting 
of the straight ticket in case of two or more persons to be voted for for the 
same office. 

In the event that the voter desires to split the straight ticket with reference 
to offices for which only one person is to be elected, the law says : " In the 
event that any elector desires to vote for any candidate other than as herein- 
before provided " — that is. it has provided for voting the straight ticket, and 
next provided for s])littiug the straight ticket in cases where two or more are 
to be voted for for the same office. Now. then : " In the event that any 
elector desires to vote for any candidate other than as hereinbefore provided, 
he shall, in addition to the cross mark made in the circle as hereinbefore re- 
quired, indicate such choice by placing a cross mark in the voting space on 
the left and before the name of such candidate for whom he desires to cast 
such ballot not appearing in tlie column which he has designated by an 'X' 
in the circle at its head." 

Here in this case the voter desiring to vote the straight ticket, with certain 
exceptions as to offices for which only one person can be voted for, he should 
put the cross mark within the circle at the head of his straight ticket, and in 
addition thereto put a cross mark within the voting space at the left of the 
name of the candidate for a given office in another column or ticket, or may 
write the name of a person not appearing upon the ballot in the blank column 
in the space designated for such office. 

I am not to be understood thus far as holding or deciding that the cross 
mark must be within the voting space in the cases mentioned. As to that, in 
view of the instructions being faulty, as I regard them, and not fairly in 
harmony in this respect with the statute going before. I think that if the voter 
in splitting his ticket or in the use of the cross mark places it fairly before the 
nasne of the candidate to which it is to be applied, even though without the 
voting space, it should not be treated as void for that reason; otherwise, as 
Brother Hurlbutt has well said, the legislature providing for these instructions, 
to confront the voter as he is about to exercise his elective franchise, would 
have trapped him into disregarding the requirement, if there was such a re- 
quirement in the law, of putting the cross mark within the voting space, would 



JODOIN VS. HIGGINS. 21 

liave misled him, would Iiave iudicated to liim as he loolved at it that iu the 
vise of this cross marlv tor that imrpose it would be sufticieut to put it before 
the name, whether within the voting space or otherwise. As far as I am con- 
cerned I should hold that he did not render his ballot void by not having his 
mark within the voting space, because the legislature has left that an element 
of uncertainty, as it seems to me; for it would have been as easy to have said 
that he should put that mark within the voting space there as to say to put it 
before the name. The voter has before him, as he goes to vote, these general 
instructions that, in so far as they cover the particular circumstances under 
which the voter desires to exercise his privilege, should be relied upon im- 
l)licitly by the voter. 

The mark contemplated by the statute is to be a cross mark; not cross 
marks, but a cross mark. This may or should be done by first making a mark 
and then making another mark so that it shall cross the first mark. Bouvier 
says, speaking of a cross, "A cross such as commonly made for a signature by 
persons unable to write their names." "Any other mark than the cross mark 
used for the purpose of voting shall render this ballot void," say the instructions. 

In another place the statute says, "Any ballot marked in any manner other 
than as provided in this act, and any ballot bearing any mark other than the 
<n'oss mark used for the purpose of voting, will render such ballot void." 
This is not to prevent the proper use of the blank column as provided for by 
statute. If the voter tear, deface, or wrongly mark the ballot given him by 
the ballot clerk he should return it and obtain another ballot. 

Section 16 provides : " If any ballot shall contain any mark or device other 
than as hereinbefore provided" (that is, the cross mark) "so that the same 
may be identified in such a manner as to indicate who might have cast the 
same, or be folded otherwise than as delivered to the voter by the ballot clerk, 
the ballot shall not be counted," etc. 

This feature of the statute has been substantially the same since 1899. Sec- 
tion 9, chapter 247, page 157, Public Acts 1S89 ; section 9, chapter 267, page 
619, Public Acts 1895; section 9, chapter 213, page 915, Public Acts 1897, and 
section 1649 of our present General Statutes.* 

leaking the statute then as a whole, the present statute as a whole, it would 
seem that the mark other than the cross mark to render the ballot void must be a 
distinguishing mark, " so that the same may be identified iu such a manner as 
to indicate who might have cast the same," etc. 

Now, what may constitute iu a given case such a distinguishing mark of 
Identification as is here contemplated must be determined first by the modera- 
tor, and, second, upon a contest, by the tribunal before which the contest is had. 

As to this feature of the law our Supreme Court has expressed itself in sev- 
eral cases, I believe. In Coughlin r. McElroy (72 Conn.) Judge Hall, I think, 
giving the opinion, says: "Marks upon the face of ballots which appear or are 
sho>vn to have been made accidentally, and not for the i)iiri)ose of indicating 
the voter, and changes for the existence of which a reasonable explanation 
consistent with honesty and good faith either appears upon the face of the 
ballot or is shown b.v proof, do not render the ballots void under the provisions 
of section 9." They cite in that opinion Phelan r. Walsh (62 Conn.). 

In that case of Phelan v. Walsh, the court say. as Brother Hurlbutt has 
'juoted, that there is " A presumption that every voter has complied with the 
law and done no act which should deprive him of his vote." "Accidents and 
mistakes may cause many ballots to be distinguished from others. In all such 
cases care should be used that the rights and convenience of the voter are not 
unnecessarily interferred with." Again: "There are two classes of marks. 
One is where a plausible reason is or may be suggested for their existence con- 
sistent with honesty and good faith ; the other, where no such reason can be 
suggested. The former will rarely be allowed to invalidate a ballot unless it 
appears that it was in fact used for corrupt purposes; the latter unexplained, 
will generally be presumed to be for corrupt purposes." 

The language of the court in Stale r. Bossa, in the Sixty-ninth of Connecti- 
cut, has already been quoted by Brother Hurlbutt. 

In Flanagan v. Hynes, in the Seventh-fifth Connecticut, 584. the head note is 
as follows; "The ultimate purpose of statutes regulating the exercise of the 
right of suffrage is to secuie an orderly and faithful expression and registra- 
tion of the popular will upon the questions submitted for decision. If ballots 
are to be rejected and voters thereby disfranchised, it should be because the 
legislature has seen (it to require it in the interest of an honest suffrage, and, 
has expressed that requirement in unmistakable language. It should not re- 
sult from doubtful judicial construction, from a too strict regard for the mere 



22 



JODOIN VS. HIGGIJSrS. 



letter of tlie statute, or from a resort to nice or tecliuical refiuements in the 
interpretation or application of the law." 

Now, a word as to the blank column. The law says that " On the right of 
each ballot shall be a column in which shall be printed only the titles of the 
offices for which candidates may be voted for." " Such column shall be desig- 
nated as blank column." " Any elector may write in such column the name of 
any person for whom he desires to vote for the otiice designated in the space 
where such name may be written, and such ballot shall be counted for the can- 
didate whose name is so written." 

Now, there seems to be a slight qualification of that feature of the statute by 
this subsequent language in the law : "Where the names of two or more candi- 
dates of the same political parly, and for the same office, appear printed on 
such ballot, and the number of names on such ballot for such office does not 
equal the number for whom any elector is entitled to -sote, he may make a 
cross mark in the voting space at the left of the name of any candidate in any 
other party column for whom he desires to vote, or he may write in the proper 
space in the blank column the name of any person not printed on such ballot 
for whom he desires to vote." 

So it seems to follow that if in case two or more persons may be voted for for 
the same office, and the full number of candidates for such office are printed 
upon the ballot, the voter may, if he so desires, use the blank column exclu- 
sively by writing therein the name or names of any person for whom he desires 
to vote for the respective offices, whether such names be printed on the ballot or 
not, and without putting any other mark upon the ballot. 



Hon. Gardiner Greene, 

Judge of the Supei-ior Court for the State of Connecticut: 
The petition of Edward E. Bradley, of the town of Stonington, county of 
New London, and State of Connecticut, respectfully represents : 

1. That the annual town meeting of the town of Stonington for the election 
of town officers for the ensuing year was duly and legally warned and held on 
the first Monday of October, 1910. to wit, on the 3d day of said October. 

2. At said annual meeting there were to be elected three selectmen to hold 
office for the term of one year, that being the total number of persons holding 
the office of selectman in said town, and being the number elected at the last 
annual meeting of said town, whose terms of office expired on said 3d day of 
October. 

3. Henry A. Stable, of said town, and your petitioner were candidates for the 
office of selectman, nominated by the Republican Party, and their names were 
placed in the Republican columns of the official ballot, used at said election in 
the order named, and Fernando Wheeler and the respondent, Heman J. Hold- 
redge, of said tovsm, were candidates for the office of selectman nominated by 
the Democratic Party, and their names were in the Democratic column of the 
official ballot used at said town meeting, in the order named, and said persons 
so named in the Republican and Democratic columns of said official ballot used 
at said meeting received more votes for the office of selectman than any other 
persons balloted for at said election for said office of selectman. 

4. In said town of Stonington there are five voting districts ; said districts 
being known as the first, second, third, fourth, and fifth districts. 

5. The total number of ballots cast for the office of selectman of said town, 
as counted and declared by the moderator of said town meeting, were, for : 

Stable 696 

Your petitioner, Edward E. Bradley 591 

Wheeler 642 

Holdredge 621 

6. The ballots cast at said election and so allowed and counted by said 
moderator for the candidates in the said voting districts, as appears by the 
following table: 





First 
district. 


Second 
district. 


Third 
district. 


Fourtti 
district. 


Fifth 
district. 


Stable 


131 
146 
197 

186 


389 
322 
243 

189 


17 
19 
59 

28 


146 
91 
123 
194 


13 




13 




20 




24 







JODOIN VS. HIGGIISrS. 23 

% 

7. Said Stable was, by said moderator, declared elected first selectman of 
said towu, and said Holdredge and said Wheeler were by said moderator de- 
clared as selectmen of said town. 

8. Tbere were cast in tlie fouitb district 89 ballots bearing a crossmark " X " 
within the circle above the Republican column, and also marked with a cross- 
mark "X" in said Democratic column, opposite and in the voting space on 
the left and before the name of said Holdredge, whose name appeared in said 
column as candidate for selectman as aforesaid. 

9. Said 89 ballots, marked as aforesaid, were counted for the said Holdredge, 
and added to. and became a part of. the total vote declared for said HoMredge 
as aforesaid by said moderator. 

10. Said ballots, marked as aforesaid, should not have been counted, and 
were not lawfully cast for said Holdredge because the same were not marked 
in accordance with chapter 250 of the public acts of Connecticut of 1909. 

11. If said 89 ballots had not been counted for said Holdredge said Hold- 
redge's total vote at said meeting would have been 532, and your petitioner's 
vote would have remained as aforesaid; that is, 591. thus giving to your peti- 
tioner a plurality of the ballots cast at such meeting for the office of selectman. 

12. Your petitioner believes and claims that he received a plurality of the 
ballots cast as aforesaid at said meeting for said office of selectman, and that 
he was elected to said office, and should have been declared so elected by the 
moderator of said meeting. 

Your petitioner prays your honor to hear and determine said petition, and if 
the allegations hereof be found true that your honor may give a certificate 
to that effect under the seal of the court entitling your petitioner to hold and 
exercise the powers and duties of said office of selectman of said town of 
Stonington for the term next ensuing and from and after said meeting. 

Dated at Stonington, Conn., this 23d day of November, 1910. 

Edward B. Bradley, Petitioner. 

Town op Stonington, 

November 23, 1910. 
State of Connecticut, County of New London, ss: 

Then and there personally appeared Edward E. Bradley, the person who 
subscribed the foregoing petition and made oath to the truth of the allegations 
of said petition, before me. 

Joseph F. Joseph, Notary Public. 

Upon the foregoing petition of Edward E. Bradley, it is ordered by the 
undersigned that said petition be returned to said undersigned, as judge of the 
superior court for the State of Connecticut, and the hearing therein be had on 
the 8th day of December, 1910, at 10 o'clock in the forenoon, in the Bar Library 
room in the county courthouse, in the city of Norwich, and that notice hereof 
be given to said Heman J. Holdredge, of said town of Stonington, by some 
proper officer serving upon him or by leaving at his usual place of abode a copy 
of the within and foregoing petition at least six days before the return day 
named herein, and him summon to appear at said time and place and show 
cause, if any he have, why the prayer of the foregoing petition should not be 
granted. 

Gardiner Greene, 
Judge of the Superior Court. 

To the sheriff of the county of New London or his deputy, greeting: 

By authority of the State of Connecticut you are hereby commanded to make 
due service and return of the within and foregoing petition and order upon said 
Heman J. Holdredge, according to the terms of said order. 
Hereof fail not, but due service and return make. 
Dated at Norwich, this 1st day of December, 1910. 

Gardiner Greene, 
Judge of the Superior Court. 



.24 JODOIN vs. HIGGIKS. 

Town of Stonington, 
Decemher 2, A. D. 1910. 
State of Connecticut, Comity of New London, ss: 

Tlieu and there I left at the usual place of abode of Hemau J. Holdredge a 
true and attested copy of the within and foregoing petition, order, citation, 
notice, and entire process, with my indorsement thereon. 

J. H. Tubes, 
Deputy Sheriff. 

Fees : 36 miles .travel, $3.60 ; 1 copy. $1.50 ; 1 service, 12 cents ; 2 indorse- 
ments, 24 cents; total $5.46. 



EDWARD E. BRADLEY V. HEMAN J. HOLDREDGE. 

Before Hon. Gardiner Greene, a judge of the superior court, December 8, 1910. 

DEMURRER. 

The respondent in the above-entitled cause or contest demurs to the com- 
plaint therein : 

1. Because it appears on the face of the said Edward E. Bradley's said peti- 
tion or complaint that the said town meeting for the election of selectmen in 
said town of Stonington. wherein the decision of said moderator complained of 
was rendered, was legally warned and held ; that the only ballots claimed by 
the said Bradley in his said complaint to affect the result of said election 
M^ere 89 in number and contained the cross mark X within the circle above the 
Republican column and also a cross mark X in the Democratic column opposite 
and in the voting space on the left and befoi-e the name of the respondent Hold- 
redge. and it is not in said complaint stated, alleged, or made to appear that 
said 89 ballots or either of them bore any other mark or marks than the cross 
mark X in the said circle above the Republican column and the said cross 
mark X in the voting space to the left of the said respondent's name, or that 
they or either of them lacked any mark or cross-mark required by law. 

2. Because upon the facts by the said Bradley alleged in his said complaint 
or petition the said 89 ballots therein described were, as matter of law, correctly 
ruled upon and counted for said resiwndent Holdredge by the said moderator 
of the said town meeting, and each and all of said 89 ballots were as matter 
of law, lawfully and correctly marked to constitute a split Republican ticket 
for and valid votes in favor of the respondent, Heman J. Holdredge. 

3. On the facts therein alleged the complainant is not entitled to the relief 
sought. 

The respondent thereupon prays .judgment that said complainant be dis- 
missed with costs to the respondent. 

Heman J. Holdredge, 
By Chas. F. Thayer, 

Benj. H. Hewitt, His Attorneys. 

Petition of Edward E. Bradley for a Certificate of Election as a Selectman 
OF Stonington, Before Hon. Gardiner Greene, a Judge of the Superior 
Court, April 5, 1911. 

memorandum on demurrer to the petition. 

Edward B. Bradley, of the town of Stonington, a candidate for the office of 
selectman of the town of Stonington at the town election on October 3. 1910, 
being the second candidate named for that ofHce on the Republican ticket, 
brought his petition, dated November 23, 1910, to the undersigned, as a .judge of 
the superior court, praying that a certificate might be given to him entitling 
him to hold and exercise the povA'ers and duties of said office in accordance 
with the statute. To this petition, as amended, the respondent has demurred 
as on file. 

The sole ground of objection raised by the petitioner to the validity of the 
moderator's declaration that the respondent was duly elected was that 89 bal- 
lots were counted for the respondent which, as petitioner claims, were void and 
should not have been counted at all. 



JODOIN VS. HIGGINS. 25 

i 

These ballots each had a cross within the circle at the top of the Republican 
ticket, no cross opposite the name of either of the two Rei)ublican candidates 
for selectmen, a cross opposite the name of the respondent on the Democratic 
ticket, and no cross opposite the name of the Democratic candidate for first 
selectman, or anywhere on said ballots except as aforesaid. 

The petitioner claims that this state of the ballot amounts in law to an 
attempt by the voter to vote for three candidates for selectmen, i. e., both the 
Republican candidates and the respondent, and is therefore void, so far as 
relates to all candidates for selectmen, under the provisions of section 16, chap- 
ter 250. acts 1909. 

The respondent claims that this state of the ballot means in law that the 
voter has voted for the respondent only. 

The meaning of the ballot so marked depends upon section 2 of said chap- 
ter 250. 

This section first provides that the voter desiring to vote a straight ticket 
shall put a cross in the circle at the head of the ticket which he prefers, and 
the subsequent provisions allow him to indicate a preference for particular 
candidates on other tickets by making crosses at the left of the names of such 
candidates. The effect of a cross at the left of a name of a candidate on another 
ticket is to discard the corresponding candidate on the preferred ticket. There 
is no question made that this is the effect in case of an office where only one 
person can be elected, but it is claimed that a different rule prevails where two 
or more persons are to be elected to the same office, and where the voter can 
vote for only two, as in case of selectmen. 

Does the statute make a different rule in the two cases'? 

The statute states three cases, and provides how the voter shall act in each. 
The first case is that of the straight ticket, in which case the voter puts his 
cross in the circle at the top of his ticket, and makes no other mark. 

The second case is that where two or more persons are to be elected to the 
same office and the voter wishes to split his ticket. This is the present case. 
The statute contemplates that the voter shall be attached to some one party and 
desires to split only as to one or more offices, for it speaks of the mark indi- 
cating the split as to be "in addition to the mark required to be placed within 
said circle." The voters in this case complied with the statute to this extent 
by each placing a mark in the circle at the head of the Rei)ublican ticket. 

The direction as to how the voter shall indicate his split is as follows : "Any 
elector may split such Ijallot by placing a cross mark in the voting space on 
the left and before the names of such candidates for whom he desires to cast 
such ballot." etc. 

This clearly means that the voter shall place a cross mark in the voting 
space on the left and' before the name of each of such candidates for whom 
he desires to cast such ballot. There is no requirement that these marks are 
to be restricted to either ticket. There can be no question that if the voter in 
the present case had placed marks before the names of both Democratic candi- 
dates, or of one Democrat and of one Republican, he would have complied with 
the statute. It is unreasonable to claim that in order to exercise his right to 
vote for selectman he must necessarily vote for two and can not legally vote 
for one. 

The statute says expressly that the voter is to put the mark before the names 
of candidates for whom he desires to vote. This does not mean to forfeit his 
vote for the man whom he desires unless he votes for the man whom he does 
not desire. 

The statute means that he may vote for as many candidates for the office 
in question as the law allows him to vote for, or any part of that number, but 
can do so only by placing a cross mark in the voting space on the left and 
before the name of each candidate whom he desires to vote for, whether all 
the candidates he desires and can legally vote for are on another ticket, or 
whether part are on another ticket and part on his own ticket. 

This view of this second case mentioned in the statute is in harmony with the 
provisions of the third case, which covers all situations " other than as herein- 
before provided," where, to split, the voter is required to mark a candidate on 
another ticket whom he wishes to vote for, and leave unmarked the candidate 
on his own ticket whom he does not wish to vote for. The instructions re- 
quired by the statute to be printed on the stub of the ticket harmonize with the 
part of section 2 which precedes such instructions and has been already con- 
sidered. 



26 JODOIN" vs. HIGGIlSrS. 

It follows from this coustruction of tlie statute that the respondent was 
legally elected and so declared. 

The demurrer is sustained on all its grounds. 

Gardiner Greene, 
A Judge of the Superior Court. 

Office of the Clerk of the Superior Court. 
State of Connecticut, County of Neio London, ss.: 

I, George E. Parsons, clerk of said court, do hereby certify that the fore- 
going is a true copy of the petition, demurrer, and memorandum on demurrer 
in the cause named therein. 

In testimony whereof I have hereunto set my hand and aflSxed the seal of 
said court, at Norwich, in said county, this 16th day of June, 1911. 

[SEAL.] George E. Parsons, Clerk. 



In re the contest of Raymond J. Jodoin, contestant, against Edwin W. Higgins, 
contestee, to be declared elected a member of the Sixty-second Congress of the 
United States for the third congressional district of the State of Connecticut. 

stipulation. 

It is hereby stipulated and agreed between the contestant and contestee that 
the following documents connected with, and a part of, said contest shall be 
printed : 

1. The notice of contest of said Raymond J. Jodoin, contestant, dated De- 
cember 23, A. D. 1910, as served by Herbert E. Draper, as appears by his cer- 
tificate of even date therewith. 

2. The answer of said contestee, dated January 17, A. D. 1911, as served by 
said Herbert E. Draper, as appears by his return of even date therewith. 

3. The stipulation between the contestant and the contestee, together with 
Exhibits 1, 2, and 3, thereto attached, which stipulation is dated the 16th day 
of March, A. D. 1911. 

4. The certificate of Matthew H. Rogers, secretary of state for the State of 
Connecticut, in the matter of the petition of William J. Kennedy for a recount 
of ballots of the town of Plainfield, dated December 15, 1910. 

5. Certificate of Mathew H. Rogers, secretary of state for the State of Con- 
necticut, dated December 15, 1910, together with and certifying to the return of 
the board of convassers, canvassing and setting forth the returns of the presid- 
ing officers of electors' meetings in the towns comprising the third congressional 
district of the State of Connecticut, which canvass of said board is dated 
November 30, 1910. 

6. The decision and judgment in Edward A. Pinkney's application for recount, 
dated December 7, 1910, by the Hon. Edwin B. Gager, judge of the superior 
court for the State of Connecticut. 

7. Copy of decision by William H. Williams, judge of the superior court for 
the State of Connecticut, in the matter of the contest of Charles A. Quintard v. 
Daniel F. Twomey, dated October 31, 1910. 

8. Certified copy of the record of the petition of Edward E. Bradley, of the 
town of Stonington, against Heman J. Holdredge before the Hon. Gardiner 
Greene, judge of the superior court, with certificate attached thereto, dated 
June 16, 1911. 

9. The following deposition of William I. Allyn, which is practically the same 
and characteristic of all of the various depositions taken before said magistrate, 
offered for the purpose of identifying and establishing the integrity of the ballot 
boxes and the ballots contained in the various ballot boxes referred to in the 
respective depositions and cast at the election for Congressman in question: 

I, WILLIAM I. ALLYN, of the town of Ledyard, in the county of New 
London, in the State of Connecticut, of lawfiil age. being duly cautioned and 
sworn, deposes and says: 

Q. What is your name? — A. William I. Allyn. 

Q. Where do you reside? — A. In the town of Ledyard, in the county of New 
London, in the third congressional district of the State of Connecticut. 



JODOIN VS. HIGGINS. 27 

% 

Q. What official position do you hold in tbe town of Ledyard? — A. Town 
clerk. 

Q. How long have you beeu towu clerk of the town of Ledyard V — A. Eleven 
years. 

Q. Were you such town clerk on the 8th day of November. 1910 V — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Ledyard on the 8th day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Ledyard on the 
Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Connecticut printed upon the 
same ballot with the names of candidates for State oflaces of the State of Con- 
necticut? — A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town of 
Ledyard for Member of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here? — A. Two — one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — A. 
Yes. 

Q. Are they all the boxes used at the election for Representative in Congress, 
held November 8, 1910, in the town of Ledyard? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them ? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the moderator of said elec- 
tor's meeting. 

Q. Are these boxes in the same condition as when received by you? — ^A. 
They are. 

Q. Were those boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The ballot box and the stub box hereinbefore mentioned are offered in evi- 
dence with all the contents and are marked as follows: 

Ballot box, " Exhibit No. 1 " ; stub, " Exhibit No. 2," and bear the signature 
of the notary public, Warren B. Burrows. 

W^iLLiAM I. Allyn, Deponent. 

10. This stipulation between the parties. 

11. The certificate of the magistrate before whom the depositions were taken. 

The Contestant, Raymond J. Jodoin. 
By Charles F. Thayer, 
Hull, McGuire & Hull, 

His Attorney. 
New London, Conn., July 21, 1911. 

Wm. F. Henney, 
Michael Kenealy, 
.John P. Carpenter, 
Charles B. M. Lindsay, 
Attorneys for Edioin W. Higgins, Contestee. 
By Charles B. M. Lindsay, 



28 



JODOIN VS. HIGGINS. 



Town of New London, 

July 21, 1911. 
State of Connecticut, 2Vew London County, ss: 

I, Warren B. Burrows, of the town of Groton, county of New London, State 
of Connecticut, a notary public in and for said said State, hereby certify as 
follows. 

1. That I am the person designated in the stipulation made between the con- 
testant and contest ee in the above-entitled matter, as magistrate, a notary pub- 
lic, for issuing of all subpoenas for the impounding and holding of the ballot 
boxes to be used in this matter and for the taking of the depositions herein 
mentioned and hereto annexed. 

2. That said depositions were taken before me by agreement of the contestant 
and contestee and their counsel, and at the taking of said depositions said con- 
testant and contestee were represented and were heard through their counsel. 

3. That the following depositions were taken, the deponent in each case being 
the town clerk of the town in which he resides. Said depositions, including the 
exhibits named therein and noted herein after the name of the deponent : 

NEW LONDON COUNTY. 



Town. 



Exhibits. 



Ballot box. 



Stub box. 



William I. Allyn 

Ernest C. Russell 

Charles B. Holton 

Charles A. Gallup 

William Marvin 

Henry L. Bailey 

John "C. Turner 

Elias B. Hinckley 

John Condren 

Elam A.Kinnie 

Charles J. Abell 

George V. Shedd 

Samuel G. Hartshorn. 
Charles A. Williams. . 

Calvin A. Snyder 

Charles N. Chappell. . 
Wareham AV. Bentley 

John Welsh 

Charles D. Wolf 

Arthur P. Cote 

Charles S. Holbrook. . 



Ledyard 

East Lyme 

Old Lyme 

Waterford 

Lyme 

Groton 

New London 

Stonington 

Colchester 

Voluntown 

Lebanon 

Preston 

Franklin 

Salem 

North Stonington . 

Montville 

Bozrah 

Griswold 

Lisbon 

Sprague 

Norwich 



1 

3, 4 

7 

8,9 

12 

14, 15, 16 

20, 21,22,23, 24. 
30, 31, 32, 33, 34. 

40 

42 

44 

46 

48 

50 

52 

54 

55 

56,57 

60 

62 

63, 64, 65, 66, 67, 



2. 

5,6. 

10, 11. 

13. 

17, 18, 19. 

25, 26, 27,28, 29. 

35, 36, 37, 38,39. 

41. 

43. 

45. 

47. 

49. 

51. 

53. 

54J. 

58, 69. 
61. 

69, 70, 71, 72, 73, 74. 



WINDHAM COUNTY. 



Sessions L. Adams 

James E. A. Knowlton 

Oscar F. Atwood 

Frank Hoxsie 

Andrew N. Litchfield.. 
William H. Burnham. 

Arthur M. Keith 

Wallace Covell 

John B. Bacon 

Orrin W. Bates 

Dyer S. Elliott 

Frank E. Barrett 

Frank P. Fenton 

David Flagg 



Plainfield . . 

Ashford 

Brooklyn . . 
Canterbury 

Chaplin 

Hampton . . 
Easyford. . . 

Pomfret 

Scotland . . . 

Sterling 

Thompson . 
Woodstock. 
Windham.. 
Putnam 




4. That a copy of the notice of contest and of the answer of Edwin W. Higgins, 
the returned member is prefixed hereto; that the stipulations between the 
parties, the certificate of Samuel O. Prentiss. Alberto T. Roraback, and John M. 
Thayer, judges of the supreme court of errors, the certified copy of the report 
of tiie canvassers of the returns of the electors" meetings in New London and 
Windham Counties, and the several decisions of the judges of the superior court, 
in election cases, are annexed hereto by agreement of counsel of contestant and 
contestee. 



JODOIN VS. HIGGINS. ^ 29 

5. That the several deponents whose depositions are hereto annexed were 
duly summoned to appear before me, the undersigned, at the time and place 
when the said depositions were taken; said subpoena being left with the de- 
ponent or at his usual place of abode at least five days before the day on which 
the attendance of the witness was required by said subpoena. 

6. The testimony of the witnesses as given in the subpoena together with the 
questions proposed by the counsel for the contestant and the contestee was re- 
duced to writing in the presence of each deponent and in the presence of the 
counsel for the contestant and contestee and the said depositions were duly 
signed and attested by the witnesses, and I further certify that each of said 
deponents were duly cautioned and sworn and examined on oath by me. 

In witness whereof I hereunto set my hand and seal on the date above 
written. 

[SEAL.] Warren B. Burrows, 

Notary Public. 



I, WILLIAM I. ALLYN, of the town of Ledyard, in the county of New Lon- 
don, in the State of Connecticut, of lawful age, being duly cautioned and 
sworn, depose and say : 

Q. What is you name? — A. William I. Allyn. 

Q. Where do you reside? — A. Ledyard, in the town of Ledyard, in the county 
of New London, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Ledyard? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Ledyard? — A. Eleven 
years. 

Q. Were you such town clerk on the 8th day of November, 1910? — A. I was'.- 

Q. As such town clerk have you the custody of the ballot boxes used at the 
elector's meeting held in the town of Ledyard on the 8th day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the even- 
ing of said Sth day of November, 1910? — ^A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Ledyard on the 
Sth day of November. 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the elec- 
tion of Representative of Congress on said date? — A. One ballot box and one 
stub box. 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Connecticut printed upon the 
same ballot with the names of candidates for State offices of the State of Con- 
necticut? — A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — A.. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Ledyard for Member of Congress from the third congressional district of 
'Connecticut? — A. I will — here they are. 

Q. How many have you here? — A. Two; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — ^A- 
Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November 8, 1910, in the town of Ledyard? — ^A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the moderator of said 
electors' meeting. 

Q. Are these boxes in the same condition as when received by you? — ^A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as 
they are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The ballot box. and the stub box hereinbefore mentioned, are offered in 
evidence with all the contents and are marked as follows : Ballot box, " Exhibit 

6008-11 3 



so JODOIN VS. HIGGINS. 

No. 1;" stub box, " Exhibit No. 2;" and bear the signature of the notary public, 
Warren B. Burrows. 

William I. Allyn, Deponent. 

EARNEST C. RUSSELL, of the town of East Lyme, in the county of New 
London, in the State of Connecticut, of lawful age, being duly cautioned and 
sworn, deposes and says : 

(Q. What is your uameV — A. Earnest C. Russell. 

Q. Where do you reside V — A. East I^yme, in the town of East Lyme, in the 
•'coxmty of New London, in the third congressional district of the State of Con- 
:necticut. 

Q. What official position do you hold in the town of East Lyme? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of East Lyme? — A. Seven 
years. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of East Lyme on the Sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the even- 
ing of said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes aild stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of East Lyme on the 
:8th day of November, 1910?— A. Two. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Rei)resentatives in Congress from the 
third congressional district of the State of Connecticut, printed upon the 
same ballot with the names of candidates for State offices of the State of Con- 
necticut? — ^A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
•of East Lyme for Member of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here? — A. Four. Two ballot boxes and two stub 
Ijoxes. 

Q. Are these boxes now in the condition in which you received them? — A. 
Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November 8. 1910, in the town of East Lyme? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the moderator of said elec- 
tors' meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
-are. 

Q. Were these boxes locked, sealed, and signed when received by you, as they 
are now? — A. They were. 

Q. Have these boxes been changed or any way tampered with since they were 
delivered into your custody as town clerk? — A. They have not. 

The two ballot boxes and two stub boxes hereinbefore mentioned are offered in 
evidence with all the contents, and are marked as follows: Two ballot boxes, 
" Exhibits Nos. 3 and 4 " ; two stub boxes, " Exhibits Nos. 5 and 6 " ; and bear 
the signature of the notary public, Warren B. Burrows. 

Ernest C. Rxjsskll, Deponent. 

I, CHARLES B. HOLTON, of the town of Old Lyme, in the county of New 
I^ndon, in the State of Connecticut, of lawful age, being duly cautioned and 
-sworn, depose and say : 

Q. What is youi- name? — A. Charles B. Holton. 

Q. Where do you reside? — ^A. Old Lyme, in the town of Old Lyme, in the 
county of New London, in the third congressional district, of the State of 
•Connecticut. 



JODOIN VS. HIGGINS. i 31 

Q. Wlijit official iiosition do you hold in the town of Old Lyme? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Old Lyme? — A. Three 
years. 

Q. Were you such town clerk on the 8th day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the tOA^m of Old Lyme on the Sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the offtcials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Old Lyme on the 
Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election of 
Rein-eseutative of Congress on said date? — A. One ballot box and one stub box. 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Connecticut printed upon the same 
ballot with the names of candidates for State offices of the State of Connecti- 
cut? — A. They were. 

Q. And, of course, were all deix)sited in one ballot box at the election? — 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said town of 
Old Lyme for Member of Congress from the third congressional district of Con- 
necticut? — A. I will; here they are. 

Q. How many have you here? — A. One box ; the stubs were placed in the same 
box with the ballots after they were counted. 

Q. Is this box now in the condition in which you received it? — A. Yes. 

Q. Is this the only ballot box used at the election for Representative in Con- 
gress held November S, 1910, in the town of Old Lyme? — A. It is. 

Q. Where has it been since election? — A. In my custody as town clerk. 

Q. AVhere have yon kept it? — A. In the town clerk's office. 

Q. By whom was it delivered to you? — A. By the moderator of said elector's 
meeting. 

Q. Is this box in the same condition as when received by you"? — A. It is. 

Q. Was this box locked, sealed, and signed when received by you as it is 
now? — A. It was. 

Q. Has this box been changed or in any way tampered with since it was de- 
livered into your custody as town clerk"? — A. It has not. 

The ballot box hereinbefore mentioned is offered in evidence with all its con- 
tents and is marked as follows: Ballot box, " Exhibit No. 7," and bear the signa- 
ture of the notary public, Warren B. Burows. 

Charles P. Horton, Deponent. 

I, CHARLES A. GALLUP, of the town of Waterford, in the county of New 
London, in the State of Connecticut, of lawful age, being duly cautioned and 
sworn, depose and say : 

Q. What is your name? — A. Charles A. Gallup. 

Q. Where do you reside? — A. Waterford, in the town of Waterford, in the 
county of New London, in the third congressional district of the State of Con- 
necticut. 

Q. What official position do you hold in the town of Waterford? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Waterford"? — A. Since 
the year 1898. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
elector's meeting held in the town of Waterford on the Sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said Sth day of November, 1910? — ^A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Waterford on the 
Sth day of November, 1910?— A. Two. 



32 JODOIN vs. HIGGINS. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — ^A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut, printed upon the 
same ballot with the names of candidates for State offices of the State of Con- 
necticut? — ^A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes at said election in said town of 
Waterford for Member of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here? — ^A. Two ballot boxes. 

Q. Are these boxes now in the condition in which you received them? — 

A. Yes. 

Q. Are they all the boxes used at the election for Representative in Con- 
gress held November 8, 1910, in the town of Waterford? — A. They are the 
ballot boxes, and the stub boxes will be produced on the 10th of April, 1911. 

Q. Where have they been since election? — ^A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office at my residence. 

Q. By whom were they delivered to you? — A. By the moderator of said elec- 
tor's meeting. 

Q. Are these boxes in the same condition as when received by you? — ^A. They 
are. 

Q. Were these boxes locked, sealed and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The two ballot boxes and two stub boxes hereinbefore mentioned are offered 
in evidence with all the contents and are marked as follows : Two ballot boxes, 
" Exhibits Nos. 8 and 9 " ; two stub boxes, are to be produced and marked 
"Exhibits Nos. 2 and 11,'" and bear the signature of the notary public, Warren 

B. Burrows. 

Charles A. Gallup, 

Deponent. 

I, WILLIAM MARVIN, of the town of Lyme, in the county of New London, in 
the State of Connecticut, of lawful age, being duly cautioned and sworn, depose 
and say : 

Q. What is your name? — A. William Marvin. 

Q. Where do you reside? — ^A. Hamburg, in the town of Lyme, in the county 
of New London,' in the third congressional district, of the State of Connecticut. 

Q. What official position do you hold in the town of Lyme?— A. Town clerk. 

Q. How long have you been town clerk of the town of Lyme? — A. Fourteen 
years. 

Q. Were you such town clerk on the 8th day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
elector's meeting held in the town of Lyme on the Sth day of November, 1910? — 
A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of the said Sth day of November, 1910?— A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Lyme on the Sth 
day of November. 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representath-e of Congress on said date?— A. One ballot box and one stub 

Q Were the names of candidates for Representative in Congress from the 
third congressioual district of the State of Connecticut, printed upon the 
same ballot with the names of the candidates for State offices of the State of 
Connecticut? — A: They were. 

Q. And of course were also deposited in one ballot box at the election?— 
A. They were. . . _ , 

Q Will you produce all the ballot boxes used at said election m said town 
of Lyme for Member of Congress from the third congressional district of Con- 
necticut?— A. I have the ballot box, but not the stub box. 



JODOHSr vs. HIGGINS. 33 

% 

Q. How many have yon here? — A. One ballot box, and I will brins the stub 
box, and have il marked before the close of hearing. 

Q. Are these boxes now in the condition in which yon received them?— 
A. Yes. 

Q. Are they all the boxes used at the election for Representative in Con- 
gress held November 8, 1910, in the town of Lyme? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the moderator of said 
electors' meeting. 

Q. Are these boxes in the same condition as when received by you? — A. 
They are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were locked and sealed, but never signed. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The ballot box produced and stub box to be produced, as hereinbefore men- 
tioned, are offered in evidence, with all the contents, and are marked as 
follows : One ballot box, " Exhibit No. 12 " ; one stub box, to be marked as 
" Exhibit No. 13," and bear the signature of the notary public, Warren B. 
Burrows. 

William Marvin, Deponent. 

I, HENRY L. BAILEY, of the town of Groton, in the county of New London, 
in the State of Connecticut, of lawful age, being duly cautioned and sworn, 
depose and say : 

Q. What is your name? — A. Henry L. Bailey. 

Q. Where do you reside? — A. Groton, in the town of Groton, in the county of 
New London, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Groton? — A. Town clerk. 

Q. How long have you been town clerk of the town of Groton? — A. A little 
over three years. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Groton on the Sth day of November, 1910?^ 
A. I have. 

Q. Were the ballot boxes used at said election returned to you on the morning 
of said 9th day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the oflScials in 
charge of the election in said town? — A. They were. 

■ Q. How many election districts were there in the town of Groton on the Sth 
day of November, 1910? — A. Three. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the same 
ballot with the names of candidates for State offices of the State of Connecti- 
cut? — A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said town of 
Groton for Member of Congress from the third congressional district of Con- 
necticut? — A. I will; here they are. 

Q. How many have you here? — A. Six — three ballot boxes and three stub 
boxes. 

Q. Are these boxes now in the condition in which you received them? — A. Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November S, 1910. in the town of Groton? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the registrars of voters 
for the three districts, and the keys to same were delivered to me by the mod- 
erators. 

Q. Are these boxes in the same condition as when received by you? — A. 
They are. 



34 joDoiN vs. HIGGIlSrS. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — ^A. They have not. 

The three ballot boxes and three stub boxes hereinbefore mentioned are of- 
fered in evidence with all the contents and are marked as follows: Three bal- 
lot boxes, " Exhibits Nos. 14, 15, and 16 "' ; three stub boxes, " Exhibits Nos. 17, 
IS, and 19." and bear the signature of the notary public, Warren B. Burrows. 

Henry L. Bailey, Deponent. 

I, JOHN C. TURNER, of the town of New London, in the county of New 
London, in the State of Counecticut, of lawful age being duly cautioned and 
sworn, depose and say : 

Q. What is your name? — A. John C. Turner. 

Q. Where do you reside? — A. New London; in the town of New London, in 
the county of New London, in the third congressional district of the State of 
Connecticut. 

Q. What official position do you hold in the town of New London? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of New London? — -A. 
Since October 6, 1910. 

Q. Were you such town clerk on the Sth day of November. 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at 
the electors" meeting held in the town of New London on the Sth day of Novem- 
ber, 1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening- 
of the said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of New London on 
the Sth day of November, 1910?— A. Five. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative in Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the 
same ballot with the names of the candidates for State offices of the State of 
Connecticut? — A. They were. 

Q. And of course were also deposited in one ballot box at the election? — 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of New London for Member of Congress from the third congressional district of 
Connecticut? — A. I will; here they are. 

Q. How many have you here?— A. Ten — five ballot boxes and five stub boxes. 

Q. Are these boxes now in the condition in which you received them? — 
A. Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November S, 1910 in the town of New London? — A. They are. 

Q. Whre have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the City Hall in the town of New 
London in a place set apart for that purpose. 

Q. By whom were they delivered to you? — A. By the moderator of said 
electors' meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are, I believe. 

Q. Were these boxes locked, sealed, and signed when received by yoii as 
they are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into yoiir custody as town clerk? — A. They have not. to my 
knowledge. 

The five ballot boxes and five stub boxes hereinbefore mentioned are offered 
in evidence with all the contents, and are marked as follows: 

Five ballot boxes, " Exhibits Nos. 20, 21, 22, 23, and 24 " ; five stub boxes, 
".Exhibits Nos. 25, 26. 27, 28, and 29,*' and bear the signature of the notary 
public, Warren B. Burrows. 

John C. Turner, Deponent. 



JODOIN VS. HIGGINS. 3^ 

% 

I, ELIAS B. HINCKLEY, of the town of Stoiiiugtou, in tlie county of New 
London in the State of Connecticut, of lawful age, being duly cautioned and 
sworn, depose and say : 

Q. What is your nameV — A. Elias B. Hinckley. 

Q. Where do you reside? — A. In the town of Stonington, in the county of 
New London, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Stonington V — A. Towns 
clerk. 

Q. How long have you been town clerk of the town of Stonington? — A. Twenty 
years. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors" meeting held in the town of Stonington on the Sth dav of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of the said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Stonington on the 
Sth day of November, 1910?— A. Five. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative in Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the same 
ballot with the names of the candidates for State offices of the State of Connecti- 
cut? — A. They were. 

Q. And, of course, were also deposited in one ballot box at the election? — 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said town of 
Stonington for Member of Congress from the third congressional district of 
Connecticut?— A. I will; here they are. 

Q. How many have you here? — A. Ten; five ballot boxes and five stub boxes. 

Q. Are these boxes now in the condition in which you received them? — A. Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November S, 1910. in the town of Stonington? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk, 

Q. Where have you kept them? — A. In the town clerk's oflice. 

Q. By whom were they delivered to you? — A. By the moderator of said 
electors' meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The five ballot boxes and five stub boxes hereinbefore mentioned are offered, 
in evidence with all the contents, and are marked as follows : Five ballot boxes.. 
•• Exhibits Nos. 30, 31, 32. 33, and 34 " ; five stub boxes, " Exhibits Nos. 35, 36,. 
37. 3S. and 39,"' and bear the signature of the notary public. Warren B. Burrows. 

Elias B. Hinckley, Deponent. 

I, JOHN COUDREN. of the town of Colchester, in the county of New London, 
In the State of Connecticut, of lawful age, being duly cautioned and sworn, 
depose and say : 

Q. What is your name? — A. John Coudren. 

Q. Where do you reside? — A. In the town of Colchester, in the county of New 
London, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Colchester? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Colchester? — A. Since 
January 1, 1910. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Colchester on the Sth dav of November, 
1910?— A. I have. 



36 joDoii^ vs. HIGGIlSrS, 

Q. Were the ballot boxes used at said election returned to j'ou on tbe eve- 
ning of the said Stli day of November, 1910? — A. Tliey were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Colchester on the 
Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one 
stub box. 

Q. Were the names of candidates for Representative in Congress for the 
third congressional district of the State of Connecticut printed upon the same 
ballot with the names of candidates for State offices of the State of Con- 
necticut? — A. They were. 

Q. And of course also deposited in one ballot box at the election? — A. Ttiey 
were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Colchester for Member of Congress for the third congressional district of 
Connecticut? — A. I will; here they are. 
• Q. How many have you here? — A. Two; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — 
A. Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November 8, 1910, in the town of Colchester? — ^A. They are. 
■ Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office in my place of 
business. 

Q. By whom were they delivered to you? — A. By the moderator of said elec- 
tors' meeting. 

Q. Are these boxes in the same condition as when received by you? 

Q. Were these boxes locked, sealed, and signed when received by you as they 
■are now? — A. They were. 

Q. Have these boxes been changed, or in any way tampered with, since 
.they were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents, and are marked as follows : 

One ballot box, "Exhibit No. 40;" one stub box, "Exhibit No. 41," and bear 
the signature of the notary public, Warren B. Burrows. 

John Coudben, Deponent. 

I, ELAM A. KINNE, of the town of Yoluutown, in the county of New London, 
In the State of Connecticut, of lawful age, being duly cautioned and sworn, 
depose and say : 

Q. What is your name? — A. Elam A. Kinne. 

Q. Where do you reside? — ^A. Voluntown, in the town of Voluntown, in the 
county of New London, in the third congressional district of the State of 
Connecticut. 

Q. What official position do you hold in the town of Voluntown? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Voluntown? — A. Five 
years. 

Q. Were you such town clerk on the 8th day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Voluntown on the 8th day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said 8th day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — ^A. They were. 

Q. How many election districts were there in the town of Voluntown on the 
8th day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of the candidates for Representative in Congress from 
the third congressional district of the State of Connecticut, printed upon the 



JODOIlSr vs. HIGGINS. 37 

same ballot with the names of cancliclates for State ofBces of the State of Cou- 
uecticut? — ^A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said, election in said town 
of Voluntown for Member of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here? — A. Two, one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — A. Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November S, 1910, in the town of Voluntown? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — ^A. By the moderator of said elec- 
tor's meeting. 

. Q. Are these boxes in the same condition as when received by you? — A. 
They are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box, and one stub box hereinbefore mentioned are offered in 
evidence with all the contents, and are marked as follows: One ballot box, 
"Exhibit No. 42;" one stub box, "Exhibit No. 43," and bear the signature of 
the notary public, Warren B. Burrows. 

El AM A. KiNNE, Deponent. 

I, CHARLES J. ABELL, of the town of Lebanon, in the county of New Lon- 
don, in the State of Connecticut, of lawful age, being duly cautioned and sworn, 
depose and say : 

Q. What is your name? — A. Charles J. Abell. 

Q. Where do you reside? — A. Lebanon, in the town of Lebanon, in the county 
of New London, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Lebanon? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Lebanon? — . . 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
elector's meeting held in the town of Lebanon on the Sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the 
evening of said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — ^A. They were. 

Q. How many election districts were there in the town of Lebanon on the 
Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Conjiecticut printed upon the 
same ballot with the names of candidates for State offices of the State of 
Connecticut? — A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Lebanon for Member of Congress from the third congressional district of 
Connecticut? — ^A. I wiU — here they are. 

Q. How many have j'ou here? — A. One ballot box, and I will bring the stub 
box before close of hearing. 

Q. Are these boxes now in the condition in which you received them? — A. 
Yes. 

Q. Are they all the boxes used at the election for Representative in Con- 
gress held November S, 1910, in the town of Lebanon? — A. They are. 

Q. Where have they been since election? — ^A. In my custody as town clerk. 

Q. Where have you kept them ? — A. In the town clerk's office. 



38 JODOIN vs. HIGGINS. 

Q. By whom were they delivered to you? — A. By the moderator of said 
elector's meeting. 

Q. Are these boxes in the same condition as when received by you'i — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by yon as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents, and are marked as follows : One ballot box 
" Exhibit No. 44 ; " one stub box to be marked " Exhibit No. 45," and bear the 
signature of the notai-y public, Warren B. Burrows. 

Charles J. Abell, Deponent. 

I, GEORGE V. SHEDD, of the town of Preston, in the county of New Lon- 
don, in the State of Connecticut, of lawful age, being duly cautioned and sworn, 
depose and say : 

Q. What is your name? — A. Geoi-ge V. Shedd. 

Q. Where do you reside? — A. Preston; in the town of Preston, in the county 
of New London, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Preston? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Preston? — ^A. Four 
years. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
elector's meeting held in the town of Preston on the Sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said 8th day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — ^A. They were. 

Q. How many election districts were there in the town of Preston on the Sth 
day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of representative of Congress on said date? — ^A. One ballot box and one stub 
box. 

Q. Were the names of the candidates for representatives In Congress from 
the third congressional district of the State of Connecticut, printed upon the 
same ballot with the names of candidates for State offices of the State of Con- 
necticut? — A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Preston for member of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here? — A. Two, one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — A. 
Yes. 

Q. Ai'e they all the boxes used at the election for representative in Congress 
held November 8, 1910, in the town of Preston? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the towa clerk's office. 

Q. By whom were they delivered to you? — A. By the moderator of said 
electoi''s meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box. hereinbefore mentioned, are offered in 
evidence with all the contents, and are marked as follows : One ballot box, " Ex- 
hibit No. 46 " ; one stub box, " Exhibit No. 47," and bear the signature of the 
notary public, Warren B. Burrows. 

George V. Shedd, Deponent. 



JODOIN VS. HIGGINS. 39 

I, SAMUEL G. HARTSHORN, of tlie town of Franklin, in the county of. 
New London, in tlie State of Connecticut, of lawful age, being duly cautioned 
and sworn, depose and say : 

Q. What is your name? — A. Samuel G. Hartshorn. 

Q. Where do you reside? — A. Franklin, in the town of Franklin, in the 
county of New London, in the third congressional district of the State of Con- 
necticut. 

Q. What official position do you hold in the town of Franklin? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Franklin? — A. Nearly 
36 years. 

Q. Were you such town clerk on the Sth day of November. 1910 ?^A. I 
was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
elector's meeting held in the town of Franklin, on the Sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the even- 
ing of said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Franklin on the 
Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the elec- 
tion of Representative of Congress on said date? — A. One ballot box and one 
stub box. 

Q. Were the names of the candidates for Representative in Congress from 
the third congressional district of the State of Connecticut, printed upon the 
same ballot with the names of candidates for State offices of the State of 
Connecticut? — A. They were. 

Q. And. of course, were all deposited in one ballot box at the election? — ^A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Franklin for Member of Congress from the third congressional district of 
Connecticut? — A. I will; here they are. 

Q. How many have you here? — A. Two; one ballot box, and I will bring 
in stub box before close of hearing. 

Q. Are these boxes now in the condition in which you received them? — A. 
Yes. 

Q. Are they all the boxes used at the election for Representative in Con- 
gress, held November 8, 1910. in the town of Franklin? — A. They are. 

Q. Where have they -been since election? — A. In my custody as town clerk. 

Q. 'Where have you kept them? — A. In a room above the town clerk's office, 
used for that purpose. 

Q. By whom were they delivered to you"? — A. By the moderator of said 
elector's meeting. 

Q. Are these boxes in the same condition as when received by you? — A. 
They are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They wei'e. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box. and one stub box, hereinbefore mentioned, are offered 
in evidence with all the contents, and are marked as follows : One ballot box, 
" Exhibit No. 4S " ; one stub box, to be marked " Exhibit No. 49," and bear 
the signature of the notary public, Warren B. Burrows. 

Samuel G. Hartshorn, Deponent. 

I, CHARLES A. WILLIAMS, of the town of Salem, in the county of New Lon- 
don, in the State of Connecticut, of lawful age. being duly cautioned and sworn, 
deposes and says : 

Q. What is you name? — A. Charles A. Williams. 

Q. Where do you reside? — A. Salem, in the town of Salem, in the county of 
New London, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Salem?— A. Town clerk. 

Q. How long have you been town clerk of the town of Salem? — A. In all, 
20 years. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 



40 JODOIN vs. HIGGINS. 

Q. As sucia town clerk have you the custody of tiie ballot boxes used at the 
elector's meeting held m the town of Salem on the Sth day of November, 1910? — 
A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said Sth day of November, 1910? — ^A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Salem on the Sth 
day of November, 1910? — ^A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of the candidates for Representative in Congress from 
the third congressional district of the State of Connecticut printed upon the 
same ballot with the names of candidates for State offices of the State of 
Connecticut? — ^A. They were 

Q. And, of course, were all deposited in one ballot box at the election? — 
A. They were, I suppose. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Salem for Member of Congress from the third congressional district of 
Connecticut? — A. I will; here they are. 

Q. How many have you here? — A. Two ; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them ? — ^A. Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November 8, 1910. in the town of Salem? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you l^ept them? — In the town clerk's office in my house. 

Q. By whom were they delivered to you? — A. By the moderator of said elect- 
or's meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as 
they are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since 
they were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents and are marked as follows : One ballot box, " Ex- 
hibit No. 50 " ; one stub box, " Exhibit No. 51," and bear the signature of the 
notary public, Warren B. Burrows. 

Charles A. Williams, Deponent. 

I, CALVIN A. SNYDER, of the town of North Stonington, in the county 
of New London in the State of Connecticut, of lawful age, being duly 
cautioned and sworn, depose and say : 

Q. What is your name? — A. Calvin A. Snyder. 

Q. Where do you reside? — ^A. North Stonington, in the town of North Ston- 
ington, in the county of New London, in the third congressional district of the 
State of Connecticut. 

Q. W^hat official position do you hold in the town of North Stonington?— 
A. Town clerk. 

Q. How long have you been town clerk of the town of North Stonington?— 
A. Since year 188S. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
elector's meeting held in the town of North Stonington on the Sth day of 
November, 1910? — A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of North Stonington on 
the Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date?— A. One ballot box and one stub 
hex. 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Connecticut, printed upon the 



JODOIN VS. HIGGINS. 41 

% 

same ballot with the names of candidates for State offices of the State of 
Couuecticnt? — A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — 
A. They were. 

Q. Will yon product all the ballot boxes used at said election in said town 
of North Stonington for Member of Congress from the third congressional 
district of Connecticut V — A. I will — here they are. 

Q. How many have you here? — A. Two; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — 
A. Yes. 

Q. Are they all the boxes used at the election for Representative in Con- 
gress held November S, 1910, in the town of North Stonington? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the moderator of said 
elector's meeting. 

Q. Are these boxes In the same condition as when received by you? — A. They 
are. 

Q. W^ere these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since 
they were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents, and are marked as follows: One ballot box, 
" Exhibit No. 52." one stub box. " Exhibit No. 53," and bear the signature 
of the notary public. Warren B. Burrows. 

Calvin A. Snyder, Deponent. 

I, CHARLES N. CHAPPELL. of the town of Montville. in the county of New 
London, in the State of Connecticut, of lawful age, being duly cautioned and 
sworn, depose and say : 

Q. What is your name? — ^A. Charles N. Chappell. 

Q. Where do you reside? — A. Montville, in the town of Montville, in the 
county of New London, in the third congressional district of the State of Con- 
necticut. 

Q. What official position do you hold in the town of Montville? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Montville? — ^A. 

Q. Were you such town clerk on the 8th day of November. 1910? — A. I was. 

Q. As such town clerk have yon the custody of the ballot boxes used at the 
electors' meeting held in the town of Montville on the 8th day of November^ 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the eveninjj. 
of the said 8th day of November, 1910? — ^A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Montville on the 
8th day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the same 
ballot with the names of the candidates for State offices of the State of Con- 
necticut? — A. They were. 

Q. And of course were also deposited in one ballot box at the election? — 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said town of 
Montville for Member of Congress from the third congressional district of Con- 
necticut? — A. I will — here they are. 

Q. How many have you here? — A. Two; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — ■ 
A. Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November 8, 1910. in the town of Montville? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. yfhere have you kept them? — A. In the town hall. 



42 joDoiisr vs. higghsts. 

Q. By whom were they delivered to yon? — A. By the moderator of said elec- 
tor's meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these boxes loclfed, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any waj^ tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents, and are marked as follows : One ballot box, 
" Exhibit No. 54 " ; " Ehibit No. 54i," and bear the signature of the 
notary public, Warren B. Burrows. 

Charles N. Ohappell, Dcijoiient. 

I, WAREHAM W. BENTLEY. of the town of Bozrah. in the county of New 
London, in the State of Connecticut, of lawful age, being duly cautioned and 
sworn, depose and say : 

Q. What is your name? — A. Wareham W. Bentley. 

Q. Where do you reside? — A. Bozrah. in the town of Bozrah, in the county 
of New London, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Bozrah?- — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Bozrah? — A. Sixteen 
years. 

Q. Were you such town clerk on the 8th day of November. 1910? — A. I was. 

Q. As such town clerk, have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Bozrah on the Sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
•of said Sth day of November, 1910? — ^A. They were. 

Q. Were the liallot boxes and the stub boxes returned to you by the otficials 
In charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Bozrah on the Sth 
day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Repi-esentative in Congress on said date? — A. One ballot box and one stub 
hox. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the same 
ballot with the names of candidates for State offices of the State of Connec- 
ticut? — A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Bozrah for Member of Congress from the third congressional district of 
Connecticut? — A. I, will — here they are. 

Q. How many have you here? — A. One ballot box. The stubs were deposited 
in this box. 

Q. Is this box now in the condition in which you received it? — ^A. Yes. 

Q. Is it the only box used at the election for Representative in Congress held 
November 8, 1910, in the town of Bozrah? — A. It is. 

Q. Where has this ballot box been since the election? — A. In my custody as 
town clerk. 

Q. Where have you kept it? — A. In the town clerk's office. 

Q. By whom was it delivered to you? — A. By the moderator of said elector!^' 
meeting. 

Q. Is this box in the same condition as when received by you? — A. It is. 

Q. Was this box locked, sealed, and signed when received by you as it is 
now? — A. It was. 

Q. Has this box been cliauged or in any way tampered with since it was de- 
livered into your custody as town clerk? — A. It has not. 

The one ballot box hereinbefore mentioned is offered in evidence, with all its 
contents, and is marked as follows : 

One ballot box, " Exhibit No. 55," and bears the signature of the notary 
public, Warren B. Burrows. 

Wareiiam W. Bentley, Deponent. 



JODOIN VS. HIGGINS. 43 

% 

I. JOHN WETiSH, of the town of Griswold, in the county of New Loudon, in 
the State of Connecticut, of lawful ;!ge. being duly cautioned and sworn, deposes 
and says : 

Q. What is vour nanieV — A. John Welsh. 

Q. Where do you reside V — A. Griswold — in the town of Griswold, in the 
county of New London, in the third congressional district of the State of Con- 
necticut. 

Q. What othcinl position do you hold in the town of (xriswoldV — A. lowji 

clerk. 

Q. How long have you been town clerk of the town of Griswold V — A. Since 

October, 1900.^ 

Q. W^ere you such town clerk on the Nth day of November. 1910 V — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Griswold on the sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the 
evening of said sth day of November, 1910? — A. They were. 

Q. W^ere the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Griswold on the 
Sth day of November, 1910?— A. Two. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Connecticut printed upon the 
same ballot with the names of candidates for State offices of the State of 
Connecticut? — A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Griswold for member of Congress from the third congressional district of 
Connecticut ? — A. I will ; here they are. 

Q. How many have you here? — A. Two ballot boxes, and I will bring in the 
two stub boxes before close of hearing. 

Q. Are these boxes now in the condition in which you received them? — A. 
Yes. 

Q. Are they all the boxes used at the election for Rejiresentative in Congress 
held November 8, 1910. in the town of Griswold? — A. They are. with the two 
stub boxes, which I will bring. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

'Q. By whom were they delivered to you? — A. By the moderator of said 
electors' meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The two ballot boxes and two stub boxes hereinbefore mentioned are offered 
in evidence, with all the contents, and are marked as follows: Two ballot 
boxes, •' Exhibits Nos. 56 and 57 " ; two stub boxes to the marked " Exhibits Nos. 
58 and 59," and bear the signature of the notary public, Warren B. Burrows. 

John Welsh, Deponent. 

I, CHARLES D. WOLF, of the town of Lisbon, in the county of New London, 
in the State of Connecticut, of lawful age. being duly cautioned and sworn, 
depose and say : 

Q. What is your name? — ^A. Charles D. Wolf. 

Q. Where do you reside? — A. Lisbon, in the town of Lisbon, in the county of 
New London, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Lisbon? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Lisbon? — A. Since 
year 1905. 



44 jODOiiSr vs. higgins, 

Q. Were you such town clerk on the Stli clay of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
elector's meeting held in the town of Lisbon on the 8th day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said 8th day of November, 1910? — ^A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the oflBcials in 
charge of the election in said town ? — ^A. They were. 

Q. How many election districts were there in the town of Lisbon on the 8th 
day of November, 1910? — ^A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Connecticut printed upon the same 
ballot, with the names of candidates for State offices of the State of Con- 
necticut? — ^A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — ^A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Lisbon for Member of Congress from the third congressional district of 
Connecticut? — A. I will — -here they are. 

Q. How many have you here? — A. Two, one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — 
A. Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November 8, 1910, in the town of Lisbon? — A. They are. 

Q. Where have they been since election? — ^A. In my custody as town clerk. 

Q. Where have you kept them? — ^A. In the town clerk's office. 

Q. By whom were they delivered to you?— A. By the moderator of said 
elector's meeting. 

Q. Are these boxes in the same condition as when received by you? — A. 
They are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — ^A. They have not. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents and are marked as follows : One ballot box. 
"Exhibit No. 60;" one stub box, "Exhibit No. 61," and bear the signature of 
the notary public, Warren B. Burrows. 

Chas. D. Wolf, 

Deimnent.' 

I, ARTHUR P. COTE, of the town of Sprague. in the county of New London, 
in the State of Connecticut, of lawful age, being duly cautioned and sworn, de- 
pose and say: 

Q. What is your name? — A. Arthur P. Cote. 

Q. Where do you reside? — A. Sprague, in the town of Sprague, in the county 
of New London, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Sprague? — ^A. Town 
clerk. 

Q. How long have you been town clerk of the town of Sprague? — ^A. Since 
year 1906. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have yoii the custody of the ballot boxes used at the 
elector's meeting held in the town of Sprague on the 8th day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the even- 
ing of said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q.'How many election districts were there in the town of Sprague on the 
Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 



JODOIN VS. HIGGINS. 45 

» 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Connecticut printed upon the 
same ballot with the names of candidates for State oflaces of the State of Con- 
necticut? — A. They were. 

Q. And, of course, were all deposited in one ballot box at the election?^ 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Sprague for member of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here? — A. One box at election — one ballot box 
and one stub box were used, and after election ballots and stubs were placed 
in this box. 

Q. Is this box now in the condition in which you received it? — A. Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November 8, 1930, in the town of Sprague? — A. They are. 

Q. Where has this box been since election? — A. In my custody as town clerk. 

Q. Where have you kept it? — A. In the town clerk's office. 

Q. By whom was it delivered to you? — A. By the moderator of said elector's 
meeting. 

Q. Is this box in the same condition as when received by you? — ^A. It is. 

Q. Was this box locked, sealed, and signed when received by you as it is 
now? — ^A. It is. 

Q. Has this box been changed or in any way tampered with since it vpas 
delivered into your custody as town clerk? — A. It has not. 

The one ballot box hereinbefore mentioned is offered in evidence with all the 
contents, and is marked as follows : One ballot box " Exhibit No. 62," and 
bears the signature of the notary public, Warren B. Burrows. 

Arthur P. Cote, 

Deponent. 

I, CHARLES S. HOLBROOK, of the town of Norwich, in the county of New 
London, in the State of Connecticut, of lawful age, being duly cautioned and 
sworn, depose and say : 

Q. What is your name? — A. Charles S. Holbrook. 

Q. Where do you reside? — A. Norwich, in the town of Norwich, in the 
county of New London, in the third congressional district of the State of Con- 
necticut. 

Q. What official position do you hold in the town of Norwich? — ^A. Town 
clerk. 

Q. How long have you been town clerk of the town of Norwich? — A. Since 
year 1900. 

Q. Were you such town clerk on the 8th day of November, 1910? — ^A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at 
the elector's meeting held in the town of Norwich on the 8th day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the even- 
ing of said 8th day of November, 1910? — A. No; but were returned on the 
morning of 9th day of November, 1910. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Norwich on the 
8th day of November, 1910?— A. Six. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Connecticut printed upon the 
same ballot with the names of candidates for State offices of the State of Con- 
necticut? — A. They were. 

Q. And, of course, were all deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Norwich for Member of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here? — A. Six ballot boxes, and I will send six stub 
boxes before close of hearing. 

6008—11 4 



46 JODOIN" vs. HIGGINS. 

Q. Are tliese boxes now in the condition in wliicli j^on received tJiem? — ^A. 
Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November S, 1910, in the town of Norwich? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the moderator of said elec- 
tor's meeting. 

Q. Are these boxes in the same condition as when received by you? — A. 
They are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — ^A. They were. 

Q. Have these boxes been changed, or in any way tampered with, since they 
were delivered into your custody as town clerk? — A. They have not. 

The six ballot boxes, and six stub boxes hereinbefore mentioned are offered 
in evidence with all the contents, and are marked as follows: Six ballot boxes, 
"Exhibits Nos. 63, 64, 65, 66, 67, ancl 68; " six stub boxes, to be marked "Ex- 
hibits Nos. 69, 70, 71, 72, 73, and 74," and bear the signature of the notary 
public, Warren B. Burrows. 

Ohas. S. Holbrook, 

Deponent. 

I, SESSIONS L. ADAMS, of the town of Plainfield, in the county of Wind- 
ham, of lawful age, being duly cautioned and sworn, depose and say : 

Q. What is your name? — A. Sessions L. Adams. 

Q. Where do you reside? — A. In the town of Plainfield, in the county of 
Windham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Plainfield? — ^A. Town 
clerk. 

Q. How long have you been town clerk of the town of Plainfield? — ^A. 
Twenty-five or twenty-six years. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Plainfield on the Sth day of Nov^ember, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said 8th day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Plainfield on the 
Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box, 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the 
same ballot with the names of candidates for State offices of the State of Con- 
necticut? — A. They were. 

Q. And, of course, were also deposited in one ballot box at the election? — 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said town of 
Plainfield for Member of Congress from the third congressional district of 
Connecticut? — ^A. I will — here they are. 

Q. How many have you here? — A. Two; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — ^A. 
Yes; subject to opening by order of three judges of supreme court as shown 
by seal. 

Q. Are they all the boxes used at the election for Representative in Con- 
gress held November 8, 1910, in the town of Plainfield? — A. They are. 

Q. Where 'have they been since election? — A. In my custody as town clerk, 
with the exception of the time they were in Norwich before three judges of 
the supreme court. 

Q. Where have you kept them? — A. In the vault in the town clerk's office. 

Q. By whom were they delivered to you? — A. By the moderator of said 
electors' meeting. 



JODOIN VS. HIGGINS, 47 

% 

Q. Are these boxes in the same couditiou as when received by yon? — ^A, 
They are, with the exception as^ stated before. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not, with the 
exception as stated before. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents, and are marked as follows: One ballot box 
exhibit marked "A," one stub box exhibit marked '"AV and bear the signa- 
ture of the notary public, Warren B. Burrows. 

Session L. Adams, Deponent. 

I, JAMES E. A. KNOWLTON, of the town of Ashford, in the county of Wind- 
ham, of lawful age, being duly cautioned and sworn, depose and say : 

Q. What is your name? — A. James E. A. Knowlton. 

Q. "Where do yon reside? — A. In the town of Asliford, in the county of Wind- 
ham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Ashford? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Ashford? — A. About 
two years. 

Q. Were you such town clerk on the Sth day of November, 1910? — ^A. I was. 

Q. As such town clei-k have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Ashford on the Sth day of November 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Ashford on the 
Sth day of Nove]nber, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date?— A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the 
same ballot with the names of candidates for State offices of the State of 
Connecticut? — A. They were. 

Q. And, of course, were also deposited in one ballot box at the election? — 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Ashford for Member of Congress from the third congressional district of 
Connecticut? — ^A. I will; here they are. 

Q. How many have you here? — A. Two ; one balolt box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — 
A. Yes. 

Q. Are they all the boxes used at the election for Representative iu Con- 
gress held November 8, 1910, in the town of Ashford? — A. They are. 

Q. Where have thej^ been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office, in the town 
vault. 

Q. By whom were they delivered to you? — A. By the moderator of said elec- 
tors' meeting. 

Q. Are these boxes iu the same condition as when receiAed by you? — A. They 
are, with the exception that the name Roscoe H. Wright was written after re- 
ceived by me. 

Q. Were these boxes locked, sealed, and signed when received by you as 
they are now? — A. They were, with exception stated in answer to question 20. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box hereinbefore mentionad are offered in 
evidence with all the contents, and are marked as follows : One ballot box ex- 
hibit, marked " B ; " one stub box exhibit, marked " B\" and bear the signature 
of the notary public, Warren B. Burrows. 

James E. A. Knowlton, 

Deponent. 



48 jodoijst vs. higgins. 

I, OSCAR F. ATWOOD, of the town of Brooklyn, in the county of Windham, 
of lawful age, being duly cautioned and sworn, depose and say : 

Q. What is your name? — A. Oscar F. Atwood. 

Q, Where do you reside? — ^A. In the town of Brooklyn, in the county of 
Windham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Brooklyn? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Brooklyn? — A. This is 
my sixth year. 

Q. Were you such town clerk on the 8th day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
elector's meeting held in the town of Brooklyn on the Sth day of November,^ 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said Sth day of November, 1910?— A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Brooklyn on the- 
Sth day of November, 1910?— A. Two. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative to Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut, printed upon the 
same ballot with the names of candidates for State offices of the State of Con- 
necticut? — A. They were. 

Q. And of course were also deposited in one ballot box at the election? — ^A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Brooklyn for Member of Congress from the third congressional district of 
Connecticut?— A. I will — here they are. 

Q. How many have you here? — A. Four; two ballot boxes and two stub 
boxes. 

Q. Are these boxes now in the condition in which you received them? — ^A. 
Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November Sth, 1910, in the town of Brooklyn? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — ^A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the moderators of said 
elector's meeting. 

Q. Are these boxes in the same condition as when received by you?— A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were deliyered into your custody as town clerk? — A. They have not. 

The two ballot boxes and two stub boxes hereinbefore mentioned are offered 
in evidence with all the contents, and are marked as follows : Two ballot boxes 
exhibits marked "C" and " D ;" two stub boxes exhibits marked "O^" and 
" Di," and bear the signature of the notary public, Warren B. Burrows. 

Oscar F. Atwood, Deponent. 

I, FRANK HOXSIE, of the town of Canterbury, in the county of Windham, 
in the state of Connecticut, of lawful age being duly cautioned and sworn 
depose and say : 

Q. What is your name? — A. Frank Hoxsie. 

Q. Where do you reside? — A. In the town of Canterbury, in the county of 
Windham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Canterbury? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Canterbury? — A. Four- 
teen years. 

Q. Were you such town clerk on the Sth day of November. 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at 
the elector's meeting held in the town of Canterbury on the Sth day of 
November, 1910? — A.' I have. 



JODOIISr vs. HIGGINS. 49 

i 

Q. Were the ballot boxes used at said election returned to you on the 
evening of the 8th day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials 
in charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Canterburj^ on 
the 8th day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the elec- 
tion of Representative of Congress on said date? — A. One ballot box and one 
stub box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district .of Connecticut, printed upon the same ballot with 
the names of candidates for State offices of the State of Connecticut? — A. They 
"were. 

Q. And of course were also deposited in one ballot box at the election? — 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Canterbury for Member of Congress from the third congressional district 
of Connecticut? — -A. I will — here they are. 

Q. How many have you here? — A. Two ; one ballot box and one stub box 
and the stub is inside the ballot. 

Q. Are these boxes now in the condition in which you received them? — 
A. Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November 8th, 1910, in the town of Canterbury? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — ^A. By the registrators of said 
■elector's meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as 
they are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents and are marked as follows : one ballot box 
exhibit marked "E." Stub box exhibit not mai'ked, as it is inside the ballot 
hox, and bear the signature of the notary public Warren B. Burrows. 

Frank Hoxie, 

Deponent. 

I, ANDREW M. LITCHFIELD, of the town of Chaplin, in the county of 
Windham, in the State of Connecticut, of lawful age, being duly cautioned 
and sworn, depose and say : 

Q. What is your name? — ^A. Andrew M. Litchfield. 

Q. Where do you reside? — A. In the town of Chaplin, in the county of Wind- 
ham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Chaplin? — A. Town 
■clerk. 

Q. How long have you been town clerk of the town of Chaplin? — A. Five 
years. 

Q. Were you such town clerk on the 8th day of November, 1910? — A. I was. 

Q. As such town clerk, have you the custody of the ballot boxes used at the 
■electors' meeting, held in the town of Chaplin, on the 8th day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the even- 
ing of the 8th day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Chaplin on the 
8th day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the elec- 
tion of Representative in Congress on said date? — A. One ballot box and one 
stub box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut, printed upon the 



50 JODOIN vs. HIGGI]SrS. 

the same ballot with the names of candidates for State offices of the State of 
Connecticut? — ^A. They were. 

Q. And, of course, were also deposited In one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Chaplin for Member of Congress, from the third congressional district? — ^A. 
I will ; here they are. 

Q. How many have you here? — A. Two; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — A. 
Yes. 

Q. Are they all the boxes used at the election for Representative in Congress, 
held November 8, 1910, in the town of Chaplin? — A. They are. 

Q. Where have they been since election? — ^A. In my custody as town clerk. 

Q .Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the moderator of said elec- 
tors' meeting. 

Q. Are these boxes in the same condition as when received by you? — A. 
They are. 

Q. Were these boxes locked, sealed, and signed, when received by you as 
they are now? — A. They were; with the exception that there was no lock on 
ballot box. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box, and one stub box, hereinbefore mentioned, are offered 
evidence with all the contents and are marked as follows : One ballot box, 
exhibit marked " F ;" one stub box. exhibit marked " F,^ " and bear the sig- 
nature of the notary public, Warren B. Burrows. 

Andrew M. Litchfield, Deponent. 

I, ARTHUR M. KEITH, of the town of Eastford, in the county of Windham, 
in the State of Connecticut, of lawful age, being duly cautioned and sworn, de- 
pose and say : 

Q. What is your name? — ^A. Arthur M. Keith. 

Q. Where do you reside? — ^A. In the town of Eastford, in the county of Wind- 
ham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Eastford? — ^A. Town 
clerk. 

Q. How long have you been town clerk of the town of Eastford? — A. Since 
year 1901. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Eastford, on the Sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of the Sth day of November, 1910?— A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Eastford, on the 
Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Connecticut printed upon the same 
ballot with the names of candidates for State offices of the State of Connecti- 
cut? — ^A. They were. 

Q. And of course were also deposited in one ballot box at the election? — 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Eastford for 3Iember of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here? — A. Two; one ballot box and one stub box. 

Q. Are these"^ boxes now in the condition in which you received them? — 
A. Yes; I was the moderator at said meeting. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November 8, 1910, in the town of Eastford?— A. They are. 



JODOIN VS. HIGGINS, 51 

i 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have yon kept them? — A. In the town cleric's office, in my house. 

Q. By whom were they delivered to you? — A. By the moderator of said elec- 
tors' meeting. 

Q. Are these boxes in the same condition as when received by you ? — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by yon as they 
are now ? — A. I locked, sealed, and- signed the name as moderator on the boxes, 
and they have not been changed since. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents, and are marked as follows: One ballot box 
exhibit, marked " G " ; one stub box exhibit, marked " G\" and bear the sig- 
nature of the notary public, Warren B. Burrows. 

Arthur M. Keith, Deponent. 

I, WILLIAM H. BURNHAM, of the tOAvn of Hampton, in the county of Wind- 
ham, in the State of Connecticut, of lawful age, being duly cautioned and sworn, 
depose and say : 

Q. What is your name? — A. William H. Burnham. 

Q. Where do you reside? — ^A. In the town of Hampton, in the county of 
Windham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Hampton? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Hampton? — A. Since 
1882, with the exception of one year. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
elector's meeting held in the town of Hampton on the 8th day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of the Sth day of November, 1910?— A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town ? — A. They were. 

Q. How many election districts were there in the town of Hampton on the 
Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Connecticut printed upon the same 
ballot with the names of candidates for State offices of the State of Connecti- 
cut? — A. They were. 

Q. And of course were also deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Hampton for Member of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here? — A. Two ; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — ^A. 
Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November Sth, 1910, in the town of Hampton? — ^A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the moderator of said 
elector's meeting. 

Q. Are these boxes in the same condition as when received by you? — ^A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents and are marked as follows: One ballot box 



52 jODOiisr vs. higgins. 

exhibit, marked " H " ; one stub box exhibit, marked " Hi," and bear the sig- 
nature of the notary public, Warren B. Burrows. 

William H. Buenham, Deponent. 

I, WILLIS COVELL, of the town of Pomfuet, in the county of Windham, in 
the State of Connecticut, of lawful age, being duly cautioned and sworn; 
depose and say : 

Q. What is your name? — ^A. Willis Covell. 

Q. Where do you reside? — ^A. In the town of Pomfuet, in the county of Wind- 
ham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Pomfuet? — A. Town 
clerk. 

Q. How long have you been town clerk of the town ot Pomfeut?--A. Six 
years. 

Q. Were you such town clerk on the 8th day of November, 1910? — ^A. I was. 

Q. As such town clerk, have you the custody of the ballot box used at the 
electors' meeting held in the town of Pomfeut on the 8th day of November, 
1910— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said 8th day of November, 1910? — ^A. They were. 

Q. Were the ballot boxes and the stub boxes returned to you by tJie ollicials 
in charge of the election in said town? — ^A. They were. 

Q. How many election districts were there in the town on the 8th day of 
November, 1910? — ^A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress o^h said date? — ^A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of Connecticut printed upon the same ballot with the 
names of candidates for State offices of the State of Connecticut? — ^A. They were. 

Q. And, of course, were also deposited in one ballot box at the election? — A. 
They were. 

Q. Will j^ou produce all the ballot boxes used at said election in said town of 
Pomfuet for Member of Congress from the third congressional district of Con- 
necticut? — A. I will — here they are. 

Q. How many have you here? — A. Two; one ballot and one stub box. 

Q. Are these boxes now in the condition in which you received them ?- -A. Yes. 

Q. Are they all the boxes used in the election for Representative in Congress 
held November 8, 1910, in the town of Pomfuet? — A. They are. 

Q. Where have they have been since election? — A. In my custody as town 
clerk. 

Q. Where have you kept them? — A. In the town clerk's office in my house. 

Q. By whom were they delivered to you? — A. By the moderator of said elec- 
tors' meeting. 

Q. Are, these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were the boxes locked, sealed, and signed when received by you as they are 
now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with .<ince Ihey 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box, hereinbefore mentioned, are offered in 
evidence, with all the contents, and are marked as follows: One ballot box, 
exhibit marked " I ;" one stub box, exhibit marked " I^," and bear the signature 
of the notary public, Warren B. Burrows. 

Willis Covell, Deponent. 

I, JOHN B. BACON, of the town of Scotland, in the county of Windham, 
of lawful age, being duly cautioned and sworn, depose and say : 

Q. What is your name? — A. John B. Bacon. 

Q. Where do you reside? — A. In the town of Scotland, in the county of 
Windham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Scotland? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Scotland? — A. Twelve 
or 13 years. 

Q. Were you such town clerk on the 8th day of November. 110? — A. I was. 



JODOIN" VS. HIGGINS. 53 

* 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Scotland on the 8th day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the 
evening of said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the oflacials 
in charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Scotland on 
the Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative in Congress on said date? — A. One ballot box and one 
stub box. 

Q. Were the name of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut, printed upon the 
same ballot with the names of candidates for State offices of the State of 
Connecticut? — A. They were. 

Q. And of course were also deposited in one ballot box at the election? — 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said tovsm 
of Scotland for Member of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here? — A. Two; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — 
A. Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November 8, 1910, in the town of Scotland? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — ^A. By the moderator of said 
electors' meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — -A. They have not. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents and are marked as follows : One ballot box 
exhibit marked "J " ; one stub box exhibit marked "J," and bear the signature 
of the notary public, Warren B. Burrows. 

John B. Bacon, Deponent. 

I, ORRIN W. BATES, of the town of Sterling, in the county of Windham, 
in the State of Connecticut, of lawful age, being duly cautioned and sworn, 
depose and say: 

Q. What is your name? — A. Orriu W. Bates. 

Q. Where do you reside? — A. In the town of Sterling, in the county of Wind- 
ham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Sterling? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Sterling? — A. A little 
over 15 years. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at 
the elector's meeting held in the town of Sterling on the Sth day of November, 
1910?— A, I have. 

Q. Were the ballot boxes used at said election returned to you on the even- 
ing of said Sth day of November, 1910? — ^A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Sterling on the Sth 
day of November, 1910? — -A. One. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative in Congress on said date?^A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the same 



54 JODOIN vs. HIGGINS. 

ballot with the names of candidates for State offices of the State of Connecti- 
cut? — A. They were. 

Q. And, of course, were also deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town of 
Sterling for Member of Congress from the third congressional district of Con- 
necticut? — A. I will — here they are. 

Q. How many have you here? — ^A. Two; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them ? — ^A. Yes. 

Q. Are they all the boxes used at the election for Representative in Con- 
gress held November 8, 1910, in the town of Sterling? — ^A. They are. 

Q. Where have they been since election? — ^A. In my custody as town clerk. 

Q. Where have you kept them? — ^A. In the town clerk's office. 

Q. By whom were they delivered to you? — ^A. By the moderator of said 
elector's meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as 
they are now? — A. They were locked, and at the moderator's direction, I pasted 
the seal on the boxes, and were signed at the close of election. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box and one stub box hereinbefore mentioned are offered in 
evidence with all the contents and are marked as follows : One ballot box ex- 
hibit marked " K," one stub box exhibit marked " K," and bear the signature 
of the notary public, Warren B. Burrows. 

Oekin W. Bates, Deponent. 

I, DYER S. ELLIOTT, of the town of Thompson, in the county of Windham, 
in the State of Connecticut, of lawful age, being duly cautioned and sworn, 
depose and say: 

Q. What is your name? — A. Dyer S. Elliott. 

Q. Where do you reside? — A. In the town of Thompson, in the county of 
Windham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Thompson? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Thompson? — A. Four 
years. 

Q. Were you such town clerk on the 8th day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Thompson on the 8th day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said 8th day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — ^A. They were. 

Q. How many election districts were there in the town of Thompson on the 
Sth day of November, 1910?— A. Two. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the 
same ballot with the names of candidates for State offices of the State of Con- 
necticut? — A. They were. 

Q. And of course were also deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Thompson for Member of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here? — A. Four; two ballot boxes and two stub 
boxes. 

Q. Are these boxes now in the condition in which you received them? — 
A. Yes. 

■ Q. Are they all the boxes used at the election for Representative in Congress 
held November 8, 1910, in the town of Thompson? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 



JODOIN VS. HiGGiisrs. 55 

Q. Where have you kept them ? — A. In a vault in the town used for that pur- 
pose. 

Q. By vi^hom were they delivered to you? — A. By the moderators of said elec- 
tors' meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — ^A. They have not. 

The two ballot boxes, and two stub boxes hereinbefore mentioned are offered 
in evidence with all the contents, and are marked as follows: Two ballot 
boxes, exhibits marked " L and M " ; two stub boxes, exhibits marked " L' and 
M'," and bear the signature of the notary public, Warren B. Burrows. 

Dyer S. Elliott, Deponent. 

I, FRANK E. BARRETT, of the town of Woodstock, in the county of Wind- 
ham in the State of Connecticut, of lawful age. being duly cautioned and sworn, 
depose and say : 

Q. What is your name? — A. Frank E. Barrett. 

Q. Where do you reside? — A. North Woodstock, in the town of Woodstock, 
in the county of Windham, in the third congressional district of the State of 
Connecticut. 

Q. What official position do you hold in the town of Woodstock? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Woodstock? — A. Eight 
years. 

Q. Were you such town clerk on the 8th day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Woodstock on the Sth dav of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the evening 
of said Sth day of November, 1910? — ^A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials in 
charge of the election in said town? — ^A. They were. 

Q. How many election districts were there in the town of Woodstock on the 
Sth day of November, 1910?— A. Three. 

Q. How many ballot boxes were used in each voting district for the election 
of Representative of Congress on said date? — A. One ballot box and one stub 
box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the 
same ballot with the names of candidates for State offices of the State of Con- 
necticut? — ^A. They were. 

Q. And of course were also deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Woodstock for Member of Congress from the third congressional district of 
Connecticut? — ^A. I will — here they are. 

Q. How many have you here? — A. Six; three ballot boxes and three stub 
boxes. 

Q. Are these boxes now in the condition in which you received them? — A. 
Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November 8, 1910, in the town of Woodstock? — A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the registrators of said 
electors' meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these bo.xes locked, sealed, and signed when received by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 



56 JODOIN vs. HIGGINS. 

The three ballot boxes and three stub boxes hereinbefore mentioned, are of- 
fered in evidence with all the contents and are marked as follows: Three ballot 
boxes exhibits, marked " N. O, P " ; three stub boxes exhibits, marked " N', 
O', P' ", and bear the signature of the notary public, Warren B. Burrows. 

Frank E. Barrett, Deponent. 

I, FRANK P. FENTON, of the town of Windham, in the county of Windham, 
in the State of Connecticut, of lawful age, being duly cautioned and sworn, 
depose and say : 

Q. What is your name? — A. Frank P. Fenton. 

Q. Where do you reside? — ^A. Willamautic, in the town of Windham, in 
the county of Windham, in the third congressional district of the State of 
Connecticut. 

Q. What oflBcial position do you hold in the town of Windham? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Windham? — A. Twelve 
years. 

Q. Were you such town clerk on the Sth day of November, 1910? — ^A. I was. 

Q. As such town clerk, have you the custody of the ballot boxes used at the 
electors' meeting, held in the town of Windham on the Sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the even- 
ing of said Sth day of November, 1910?— A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the oflBcials in 
charge of the election in said town? — A. They were, 

Q. How many election districts were there in the town of Windham on the 
Sth day of November, 1910?— A. One. 

Q. How many ballot boxes were used in each voting district for the elec- 
tion of Representative of Congi-ess on said date? — ^A. One ballot box and one 
«tub box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the same 
ballot with the names of candidates for State offices of the Sate of Connecti- 
cut? — ^A. They were. 

Q. And, of course, were also deposited in one ballot box at the election? — A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Windham, for Member of Congress from the third congressional district of 
Connecticut? — A. I will; here they are. 

Q. How many have you here? — ^A. Two; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — ^A. 
Yes. 

Q. Are they all the boxes used at the election for Representative in Con- 
gress, held November S, 1910, in the town of Windham? — ^A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — ^A. In the town clerk's office. 

Q. By whom were they delivered to you? — ^A. By the moderator of said 
electors' meeting. 

Q. Are these boxes in the same condition as when received by you?— A. They 
are. 

Q. Were these boxes locked, sealed, and signed, when i-eceived by you as they 
are now? — A. They were. 

Q. Have these boxes been changed or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box, and one stub box, hereinbefore mentioned, are offered in 
evidence with all the contents and are marked as follows : One ballot box, 
exhibit marked "Q;" one stub box. exhibit marked "Q\" and bear the sig- 
nature of the notary public, Warren B. Burrows. 

Frank P. Fenton, Deponent. 

I, FRANK T. PRESTON, of the town of Killingly, in the county of Wind- 
ham, in the State of Connecticut, of lawful age, being duly cautioned and 
sworn, depose and say : 

Q. What is your name? — A. Frank T. Preston. 

Q. Where do you reside? — A. Danielson, in the town of Killingly, in the 
county of Windham, in the third congressional district of the State of 
Connecticut. 



' . .,. JODOIN VS. HIGGINS. 57 

% 

Q. What official position do you bold in the town of Killingly? — A. Town 
clerk. 

Q. How long have you been town clerli of the town of Killingly? — A. Twenty- 
six years. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at the 
electors' meeting held in the town of Killingly on the Sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the 
evening of said Sth day of November, 1910? — A. They were. 

Q. Were the ballot boxes and stub boxes returned to you by the officials 
in charge of the election in said town? — A. They were. 

Q. How many election districts were there in the town of Killingly on the 
Sth day of November, 1910?— A. Three. 

Q. How many ballot boxes were used in each voting district for the elec- 
tion of Representative of Congress on that date? — A. One ballot box and one 
stub box. 

Q. Were the names of candidates for Representative in Congress from the 
third congressional district of the State of Connecticut printed upon the same 
ballot with the names of the candidates for State offices of the State of Con- 
necticut? — A. They were. 

Q. And of course were also deposited in one ballot box at the election? — 
A. They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Killingly for Member of Congress from the third congressional district of 
Connecticut? — A. I will — here they are. 

Q. How many have you here- ? — A. Six ; three ballot boxes and three stub 
boxes. 

Q. Are these boxes now in the condition in which you received them? — 
A. Yes. 

Q. Are they all the boxes used at the election for Representative in Con- 
gress held November 8, 1910, in the town of Killingly? — ^A. They are. 

Q. Where have they been since election? — A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town vault in the selectmen's 
office, and used for that purpose. 

Q. By whom were they delivered to you? — A. By the moderator of the first 
voting district of said electors' meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as they 
are now? — ^A. They were. 

Q. Have these boxes been changed, or in any way tampered with since 
they wei'e delivered into your custody as town clerk? — A. They have not. 

The three ballot boxes and three stub boxes hereinbefore mentioned are 
offered in evidence with all the contents and are marked as follows: Three 
ballot boxes, exhibits marked " R. S. T. ;" three stub boxes, exhibits marked 
" R.^ S.^ T.\" and bear the signature of the notary public, Warren B. Burrows. 

Frank T. Preston, Deponent. 

I, DAVID FLAGG, of the town of Putnam, in the county of Windham, in 
the State of Connecticut, of lawful age, being duly cautioned and sworn, de- 
poses and says : 

Q. What is your name? — A. David Flagg. 

Q. Where do you reside? — A. In the town of Putnam, in the county of 
Windham, in the third congressional district of the State of Connecticut. 

Q. What official position do you hold in the town of Putnam? — A. Town 
clerk. 

Q. How long have you been town clerk of the town of Putnam? — A. Since 
January, 1910. 

Q. Were you such town clerk on the Sth day of November, 1910? — A. I was. 

Q. As such town clerk have you the custody of the ballot boxes used at 
the elector's meeting held in the town of Putnam on the Sth day of November, 
1910?— A. I have. 

Q. Were the ballot boxes used at said election returned to you on the even- 
ing of said Sth day of November, 1910? — A. They were. 



68 JODOIN vs. HIGGINS. 

Q. Were tlie ballot boxes aud stub boxes returned to you by the officials in 
charge of the election in said town? — A. They were. 

Q. How roany election districts were there in the town of Putnam on the 
8th day of November, 1910?— A. One. 

Q, How many ballot boxes were used in each voting district for the election 
of Representative of Congress on that date? — ^A. One ballot box and one stub 
box. , 

Q. Were the names of candidates for Representatives in Congress from the 
third congressional district of the State of Connecticut, printed upon the 
same ballot with the names of the candidates for State offices of the State of 
Connecticut? — A. They were. 

Q. And, of course, were also deposited in one ballot box at the election? — ^A. 
They were. 

Q. Will you produce all the ballot boxes used at said election in said town 
of Putnam for Member of Congress from the third congressional district of 
Connecticut? — ^A. I will — here they are. 

Q. How many have you here? — A. Two ; one ballot box and one stub box. 

Q. Are these boxes now in the condition in which you received them? — ^A. 
Yes. 

Q. Are they all the boxes used at the election for Representative in Congress 
held November S, 1910, in the town of Putnam? — A. They are. 

Q. Where have they been since election? — ^A. In my custody as town clerk. 

Q. Where have you kept them? — A. In the town clerk's office. 

Q. By whom were they delivered to you? — A. By the moderator of said 
elector's meeting. 

Q. Are these boxes in the same condition as when received by you? — A. They 
are. 

Q. Were these boxes locked, sealed, and signed when received by you as 
they are now? — ^A. They were. 

Q. Have these boxes been changed, or in any way tampered with since they 
were delivered into your custody as town clerk? — A. They have not. 

The one ballot box, and one stub box, hereinbefore mentioned are offered in 
evidence with all the contents and are marked as follows: One ballot box ex- 
hibit marked " U ;" one stub box exhibit ^larked " U \" aud bear the signature 
of the notary public, Warren B. Burrows. 

David Flagg, Deponent. 



INDEX. 



WITNESSES FOR CONTESTANT AND OONTESTEE. 

I'age. 

Abell, Charles J 37 

Adams, Sessions L 46 

Allyn, William 1 29 

Atwood, Oscar F , 48 

Bacon, John B 52 

Barrett, Frank E 55 

Bates, Orrin W 53 

Bentley, Wareham W 42 

Burnham, William H 51 

Chappell, Charles W 41 

Cote, Arthur P 44 

Coudren, John 35 

Covell, Willis 52 

Elhatt, Dyer S 54 

Fenton, Frank P 56 

Flagg, David 57 

Gallup, Charles A 31 

Hailey, Henry L 33 

Hartshorn, Samuel G 39 

Hinckley, Elias B 35 

Holbrook, Charles S 45 

Holton, Charles B 30 

Hoxsie, Frank 48 

Keith, Arthur M 50 

Kinne, Elam A 36 

Knowlton, James E. A 47 

Litchtield, Andrew M 49 

Marvin, William 32 

Preston, Frank T 56 

Russell, Ernest C 30 

Snyder, Calvin A 40 

Shedd, George V 38 

Turner, John C 34 

Welsh, John 43 

Williams, Charles A 39 

Wolf, Charles D 43 

OFFICER BEFORE WHOM DEPOSITIONS WERE TAKEN. 

Burrows, Warren B 1-58 

59 

o 



LB N '1 



